Law:

Section:

Balochistan Civil Servants Act (IX of 1974)-------S.11(2)---Constitution of Pakistan (1973), Arts.25 & 27---General Clauses Act (X of 1897), S.21---Termination of services of civil servants appointed on temporary basis---Discriminatory treatment---Civil servants along-with 427 Civil Servants were appointed purely on temporary basis and they served for a period of more than ten years in Department in various projects, but their services were terminated whereas other Civil Servants were accommodated by placing their services in surplus pool---Whenever Government had to take decision regarding retrenchment of employees, then policy of 'last in first out' was to be adopted, but that policy had been kept aside in case of civil servants as abruptly termination orders were passed against civil servants without considering mandate of S. 11(2) of Balochistan Civil Servants Act, 1974---Civil servants otherwise had also been discriminated as other Civil Servants who were appointed along with Civil Servants on the same terms and conditions had been retained whereas civil servants had been terminated---Case of civil servants could not be treated differently from others as all were circumstanced in similar situation--­Differentiation so made was not logical and was in violation of Art.25 of Constitution of Pakistan, 1973 and was irrational and unreasonable---Civil servants having served for such a long time to the entire satisfaction of their superiors, in view of principle of "locus poenitentiae" and Doctrine of Reasonable Expectations, a vested right had also been created in their favour---Orders terminating services of civil servants were set aside and they were ordered to be renstated in service with immediate effect with back benefits. I. A. Sherwani v. Government of Pakistan 1991 SCMR 1041 and 2000 PLC (C. S.) 467 ref. Tahir Iqbal Khatak, Ayaz Sawati, Syed Saleem Akhtar, Abdul Rahim Mengal and Mansoor Ahmad for Appellants. Ashraf Khan Tanoli, A.-G. for Respondents. Date of hearing: 11th April, 2002. JUDGMENT AMANULLAH KHAN, CHAIRMAN.---As identical questions of facts and law are involved in Service Appeals Nos. 77, 132 to 136, 139 to 148, 151 to 163, 165 to 167,…

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