Case Details

Citation(s)
2001 SLG 1866 2001 SLD 1866 2001 PLC 361
Sindh High Court
Constitutional Petition No.0-882 of 2000, heard tin 17-01-2001.
MUHAMMAD ROSHAN ESSANI AND MUHAMMAD ASHRAF LEGHARI, JJ

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NABI BUX and others

VS

GOVERNMENT OF SINDH and others

Law:

Section:

(a) Disabled Persons (Employment and Rehabilitation) Ordinance (XL of 1981)-------Ss. 10 & 11---Sindh Service Tribunals Act (XV of 1973), S.4--­Constitution of Pakistan (1973), Art. 199---Constitutional petition---Civil service---Appointment of disabled persons---Cancellation of---Petitioners who were disabled persons and were appointed under the law after observing all the codal formalities were serving at various places for the last about three years to the entire satisfaction of their superiors---No adverse or undesirable remarks had ever been assigned or communicated to the petitioners and their services were appreciated not only, by their superiors, but by the Enquiry Committee which found appointment of petitioners in accordance with law and prescribed procedure---Despite having served for about three years, petitioners' services were riot regularized and instead Authority gent a letter to the concerned officials directing them to cancel appointments of petitioners on the allegations that same were made against the quota reserved in the Province---Validity---Petitioners being confirmed employees were working against the existing vacancies and Authority had not specified as to which rule was infringed by the appointing Authority while appointing the petitioners---Action of Authority against petitioners which was mala fide and arbitrary and taken without' issuing show-cause notice was declared illegal, by High Court in exercise of its Constitutional jurisdiction. Mrs. Anisa Rehman v. P.I.A.C. and another 1994 SCMR 2232; S.H.M. Rizvi and 5 others v. Maqsood Ahmad and 6 others PLb 1981 SC 612; Khalid Mahmood Wattoo v. Government of Punjab and others 1998 SCMR 2280; Tariq Ali v. Director, Health Services, Multan Division, Multan and 4 others 1999 PLC (C.S.). 1297 and Dr: Muhammad Ayub, Manager, Government Loralai v. Province of Balochistan through Secretary, Government of Balochistan 2000 PLC (C.S.) 60 ref. (b) Sindh Service Tribunals Act (XV of 1973)--- ----S.4---Disabled Persons (Employment and Rehabilitation) Ordinance (XV of 1981), Ss. 10 & 11---Constitution of Pakistan (1973), Art. 199--­Constitutional jurisdiction of High Court---Scope---Civil…
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