Case Details

Citation(s)
1990 SLG 1487 1990 SLD 1487 1990 PLC 628
Sindh High Court
Constitutional Petition No. D-591 of 1989, decided on 12th July, 1989.
MAMOON KAZI AND SALAHUDDIN MIRZA, JJ
Makhdoom Ali Khan for Petitioners. SA. Wadood, Dy. A.G. with Kazim Hassan for
Respondents.

Mrs. MAHERUKH and 24 others

VS

Mrs. MAHERUKH and 24 others vs THE LITERACY AND MASS EDUCATION COMMISSION through Chairman and another

Law:

Section:

Civil Servants Act(LXXI of 1973)-- ---S. 2(1)(b)---Constitution of Pakistan (1973), Arts. 212 & 260---Service Tribunals Act (LXX of 1973), S. 4---Nai Roshni Schools Programme--­Disbandment of---Employees of such schools having been terminated seeking Constitutional remedy against termination of their service---Locus standi--­Maintainability of Constitutional petition---Employer being a department of Federal Government, all its employees vie. petitioners fell within definition of "civil servant" as given in Civil Servants Act, 1973---Separate Service Rules formed by the Employer at the most, could be treated as departmental instructions to provide guidelines for efficient functioning of the Employer--­Petitioners in all other respects were to be governed by provisions of Civil Servants Act, 1973, which deals with terms and conditions of ail persons in service of Pakistan---Petitioners being civil servants were thus governed by provisions of Art. 212, Constitution of Pakistan and S. 4, Service Tribunals Act, 1973--­Petitioners having no locus standi to file Constitutional petition, same was dismissed in circumstances.--[Locus standi). R.T.H. Janjua v. National Shipping Corporation P L D 1974 S C 146; Anwar Hussain v. Agriculture Development Bank of Pakistan P 1. D 1984 S C 194; Muhammad Salimullah v. Trustees of the Port of Karachi and 2 others P L D 1975 Kar. 758; Syed Akbar Ali Bokhari v. State Bank of Pakistan and 7 others P L D 1977 Lah. 234 and Raja Muhammad Aslam v. Government of Pakistan and others 1987 P L C (C.S.) 838 ref. JUDGMENT MAMOON KAZI, J.--The petitioners are aggrieved by the decision of the Federal Government to disband Nai Roshni Schools Programme with effect from 30th June, 1989. 2. The petitioners were appointed to various posts held by them by the Literacy and Mass Education Commission (the respondent No. 1). The Commission was constituted under a Notification, dated 17th February, 1981, in pursuance of a resolution, passed by the Federal Government (the respondent No. 2), a copy of which has been annexed to the petition as Annexure `B'. It may be pointed out that a decision was taken by the Federal Government to disband Nai Roshni…
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