| Citation(s) |
|---|
| 1990 SLG 1337 1990 SLD 1337 1990 PLC 278 |
Lahore High Court
Writ Petitions Nos. 274, 313, 345, 393, 534 and 633 of 1989/BWP, heard on 12th June, 1989
MUHAMMAD SHARIF, J
Nazir Ahmad Bhatti for Petitioners. Ch. Abdul Nabi for
Respondents.
Writ Petitions Nos. 274, 313, 345, 393, 534 and 633 of 1989/BWP, heard on 12th June, 1989
MUHAMMAD SHARIF, J
Nazir Ahmad Bhatti for Petitioners. Ch. Abdul Nabi for
Respondents.
MUHAMMAD AYUB and 6 others
VS
LAHORE and 2 others MUHAMMAD AYUB and 6 others vs LAHORE and 2 others
Law:
Section:
Punjab Civil Servants Act (VIII of 1974)-- ---S. 10---Constitution of Pakistan (1973), Art. 199---Civil service---Termination of service---Appellants were appointed as Junior Clerks by competent authority after having been duly selected by Recruitment Committee but suddenly their services were terminated by appointing authority on ground that concerned Minister in a meeting attended inter alia by appointing authority directed him to terminate services of all such clerks---Appellants were appointed by competent authority after their selection on regular basis against permanent posts---Services were terminated without having been heard or assigning any reason which was mala fide---Minister was not authorised to issue such an offending order and he could not cancel appointment because it was the job of appointing authority--Verbal order of Minister had been implemented without going into merits or demerits of case---Principle of audi alteram partem was violated as no notice was given to petitioners before termination of their services---Order of termination was quashed being without lawful authority and of no legal effect. JUDGMENT The instant writ petition, Writ Petition No. 313 of 1989, Writ Petition No.345 of 1989, Writ Petition No.393 of 1989, Writ Petition No.534 of 1989 and Writ Petition No. 633 of 1989 contain the same factual and legal position, so all these writ petitions are being decided by means of this single judgment. 2. The brief facts of the cases in all the writ petitions are that the petitioners alongwith others appeared before the recruitment committee (Ministerial Establishment) constituted by the Director of Education (Schools), Bahawalpur Division, Bahawalpur, for the selection of junior clerks about six months prior to the institution of these writ petitions. All the petitioners were selected for the posts and were posted at different stations. Suddenly by the impugned order dated 28-2-1989 passed by the Director of Education (S), Bahawalpur Division, Bahawalpur, on the direction of the Minister for Education, Punjab Province, Lahore, all the appointments, which were made on or after 1-1-1989, have been cancelled. The same order has been…
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