Case Details

Citation(s)
1991 SLG 383 1991 SLD 383 1991 PLC 571
Lahore High Court
Writ Petitions Nos. 884, 901 to 906 and 908 of 1986, decision dated: 12-03-1991.
FALAK SHER, J

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TOWN COMMITTEE, DARYA KHAN, DISTRICT BHAKKAR

VS

CHAIRMAN, TOWN COMMITTEE

Law:

Section:

Civil service--- ----Constitution of Pakistan (1973), Art. 199---Petitioners after more than one decade of their appointment, were called upon by competent Appointing Authority to furnish approval of Government qua relaxation of their age limits failing which they would be deemed to have been removed from service--­Petitioners questioned the legality of order of Authority contending that they were appointed by Authority which itself having power to relax age limit, had duly relaxed the same and being permanent employees, their services could not be dispensed with without adopting proper legal procedure and without hearing them---Appointing Authority could not be allowed to reprobate after period of more than one decade on sole ground that their cases as yet had not been regularised by Government---Petitioners could not be penalised for the failure or inaction of the bureaucratic machinery of State---High Court in exercise of Constitutional jurisdiction set aside order of Authority. Nemo for Petitioner. Qazi Khurshid Alam and Ch. Khalil Ahmad, A.A.-G. for Respondent. Date of hearing: 12th March, 1991. JUDGMENT This order will dispose of Writ Petitions Nos. 884, 901, 902, 903, 904, 905, 906 and 908 of 1986 in view of the commonality of facts and law involved, viz., petitioners' cases, ''having been appointed as Octroi Clerks/Octroi Peons and Sanitary Mate by the respondent during the period 1968 to 1969 without obtaining prior permission of the competent Authority qua relaxation of age limit, pursuant to the directive envisaged in Memorandum No.SOIV-BWP-3(26)/78, dated 12-1-1980 requiring all the Administrators of Municipal and Town Committees to submit all cases of appointment made in relaxation of the…
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