| Citation(s) |
|---|
| 2000 SLG 722 2000 SLD 722 2000 SCMR 147 2000 SLD 1133 2000 SCMR 147 |
Supreme Court of Pakistan
Civil Petitions Nos. 248-P to 251-P of 1998, decision dated: 16-07-1999.
MUHAMMAD BASHIR, JEHANGIRI, MUNAWAR AHMED MIRZA AND ABDUR REHMAN KHAN, JJ
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Civil Petitions Nos. 248-P to 251-P of 1998, decision dated: 16-07-1999.
MUHAMMAD BASHIR, JEHANGIRI, MUNAWAR AHMED MIRZA AND ABDUR REHMAN KHAN, JJ
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RASHID AZ1Z and others
VS
PROVINCE OF N.-W.F.P. through Secretary, Livestock and Dairy Development Department and another
Law:
Section:
North-West Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1989--R. 10(2)---Constitution of Pakistan (1973), Art. 212(3)---Irregular appointment---Termination of service---Service Tribunal by reaching the conclusion that selection of the civil servants was not made on merits, applications for appointment were entertained after the last date fixed for the receipt of applications; that merit was flouted and the codal formalities were not adopted; that the orders of Provincial Minister were blindly followed ignoring the deserving candidates and;, that all this rendered the whole exercise of selection dubious as same was made against the rules and all canons of justice and fairplay, rejected the appeal of civil servants against their dismissal--Validity---Leave to appeal was granted by Supreme Court to consider whether order of termination of services of the civil servants in the factual background of the case were not sustainable in view of letters by the relevant department and the law laid down by Supreme Court in the case of Director, Social Welfare Department Government of N.-W.F.P. v. Sadullah Khan 1996 SCMR 1350. Director, Social Welfare Department, Peshawar v. Saadullah Khan 1996 S C M R 1350 ref. M. Jamil Khan, Advocate Supreme Court with M. Zahoor Qureshi Azad, Advocate-on-Record for Petitioners (in all Civil Petitions). Nemo for Respondent (in all Civil Petitions). Date of hearing: 16th July, 1999. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---The above four identical petitions for special leave to appeal are directed against a common judgment, dated 22-9-1998, dismissing Appeals Nos.f28 of 1997 to 331 of 1997 by the N.-W.F.P. Service Tribunal, Peshawar (hereinafter called as the Tribunal) which were separately filed by the four petitioners herein. 2. The four petitioners were appointed as Junior Clerks on 19-6-1996. On completion of formalities prescribed under the Rules, they reported their arrival on 24-4-1996 (F.N.) in the Office of Assistant Director Livestock and Dairy Development Department, Mansehra. They were performing duties when all of a sudden their services were terminated on 4-2-1997 by respondent No.2 on the ground…
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