Law:

Section:

Constitution of Pakistan (1973)------ Arts. 25, 199 & 212---Law Reforms Ordinance (XII of 1972), S.3---Infra-Court appeal---Termination of service---Constitutional jurisdiction of High Court---Scope---Appellants, who were selected and appointed as dispensers and vaccinators by Recruitment Committee on orders of District Health Officer, served the Department for more than 13 years, but their services were terminated---Appellants challenged their termination in their constitutional petition before High Court alleging that District Health Officer, who had terminated their services, had neither authority nor was competent officer to pass impugned order---High Court dismissed constitutional petition declaring that matter pertained to terms and conditions of service and bar contained in Art.212 of the Constitution was fully applicable to the case---Validity--- High Court (Single Judge) had not appreciated that person who passed impugned termination order, had no authority to pass said order as he himself was a suspended person and could not be considered as competent authority---Orders passed by District Health Officer, in circumstances were void ab initio and illegal and in such circumstances, it would have been appropriate for the High Court to exercise its constitutional jurisdiction in striking down such an illegal order---Impugned orders had already been held to be illegal, not only by the Service Tribunal, but also by the Supreme Court---Exercise of constitutional jurisdiction of High Court in the matter would have been fully justified and appropriate---When services of other colleagues of appellants had already been regularized, appellants were also to be treated on the same footing and treating appellants as such was a clear violation of Art.25 of the Constitution on the part of Department and such discrimination, should have been safeguarded by the High Court by exercising its constitutional jurisdiction---Intra-Court appeal was accepted, impugned order of Single Judge of the High Court was set aside with directions to the Department to reinstate appellants in services on the same basis as other colleagues of appellants had been regularized. Iqbal…

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