Law:

Section:

North-West Frontier Province Service Tribunals Act (I of 1974)-------S. 4---Constitution of Pakistan (1973), Art. 212 (3)---Termination of service---Illegal appointments---Lack of basic eligibility---Illegality committed by department---Grievance of petitioners was that their services were terminated on the allegation of illegal and political appointments but the Service Tribunal dismissed their appeals---Plea raised by petitioners was that if once illegality was committed by department itself, it could not turn around and reverse its own order taking benefit of its own illegality---Validity---Once the appointees were qualified to be appointed, their services could not subsequently be terminated on the basis of lapses and irregularities committed by department itself---Such laxities and irregularities committed by Government could be ignored by the Courts only when the appointees lacked basic capabilities, otherwise not--Petitioners could not draw any benefit from such view for the reason that at the time of their initial appointments, they lacked basic qualifications, requirements and eligibilities---Supreme Court declined to interfere in the passed by Service Tribunal---Leave to appeal was refused. Hameed Akhtar Niazi's case 1996 SCMR 1185 ref. Secretary to Government of N.-W.F.P. Zakat/Social Welfare Department, Peshawar and another v. Sadullah Khan 1996 SCMR 413; Syed Sikandar Ali Shah's case 2002 SCMR 1124; Sui Southern Gas Company Limited PLD 2003 SC 724; WAPDA v. Abbas Ali Malano and another 2004 SCMR 630; Collector of Customs and Central Excise, Peshawar and 2 others v. Abdul Waheed and 7 others 2004 SCMR 303 and Muhammad Shoaib's case 2005 SCMR 85 rel. Dr. Hussain Khan, Advocate-on-Record for Petitioners (in C.Ps. Nos.350-P, 352 to 356, 389, 397-P, 406 to 408-P of 2005). Fateh Muhammad Khan, Advocate-on-Record for Petitioners (in C.Ps. Nos.390-P to 396, 413 and 544-P of 2005). Khushdil Khan Mohmand, Advocate Supreme Court with Mir Adam Khan, Advocate-on-Record for Petitioners (in C.Ps. Nos.435-P to 468, 473 to 477, 492 to 495, 502, 503, 505, 506, 541, 560, 597, 478 to 484, 496 to 500, 504, 507 to 509, 532, 540, 544, 545, 561, 562, 510 to 512, 542, 547…

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