Law:

Section:

Civil Servants Act (LXXI of 1973)--------S.11(1)(iii)---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973); Arts.199 & 212---Constitutional petition---Termination of services---Civil servants had challenged termination of their services in Constitutional petition before High Court---Contention of Authority was that such orders could only be challenged before Service Tribunal and not in Constitutional petition before High Court---Civil servants had contended that there being no Service. Tribunal, their Constitutional petitions were maintainable---One of the civil servants earlier had filed appeal before Service Tribunal against his transfer order which was decided by Service Tribunal on merits---Civil servants; in circumstances, could not say that there was no Service Tribunal for filing appeal against orders of their termination----Order whereby services of civil servants were terminated, even if challenged on ground of mala fides, were appealable before Service Tribunal and could not be challenged before High Court in Constitutional petition, in view of bar contained in Art.212 of Constitution of Pakistan (1973). Syed Mazhar Hussain Bukhari v. The Secretary, Government of Punjab, Local Government and Rural Development Department, Lahore 1998 SCMR 1948 ref. Muhammad Abdullah Yousaf Bhatti and Shabbir Ahmad Bhutta for Petitioner. Alhaj Elahi Sh. for Respondent. Dates of hearing: 20th and 25th February, 2003. JUDGMENT This judgment will dispose of Writ Petition No.2454 of 2000 and Writ Petition No.2270 of 2000 as common question of fact and law is involved in these writ petitions. 2. In these Constitutional petitions the petitioners have prayed for setting aside orders dated 24-5-2000, (issued on 26-5-2000), whereby, their services were terminated. 3. The relevant facts for the disposal of these petitions are that Waqar Ahmad, petitioner (Writ Petition No.2454 of 2000) was appointed as Divisional Accountant on 22-9-1994 on ad hoc basis and, later on, he was posted as Divisional Incharge on 2-11-1995. Tauseef Ahmad, petitioner (in Writ Petition No.2270 of 2000) was appointed as District Incharge on 22-9-1994 on ad hoc basis. However,…

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