| Case ID |
26331f64-89dc-499e-9ad6-8916d04541d2 |
| Body |
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| Case Number |
Constitutional Petitions Nos. 1386 to 1422, 1651, |
| Decision Date |
Aug 07, 1979 |
| Hearing Date |
|
| Decision |
The court dismissed the constitutional petitions filed by the petitioners, affirming that their appointments were temporary and ad-hoc in nature. The court concluded that the petitioners' claims of having been appointed in accordance with the recruitment rules were unfounded, as their appointments contravened the established regulations which required adherence to specific procedures for initial appointments. The court held that the termination of their services was lawful as the petitioners were not found suitable for retention in their positions following an assessment by the Divisional Committee established under the Martial Law Order. The court further dismissed arguments against the validity of the Martial Law Order, finding them without merit. Consequently, the petitions were dismissed with no order as to costs. |
| Summary |
This case revolves around the constitutional petitions filed by temporary Food Grain Inspectors challenging their termination from service. The Sindh High Court examined the legality of the appointments and subsequent terminations under the prevailing laws and recruitment rules. The court determined that the appointments were made on an ad-hoc basis without adherence to the proper recruitment procedures outlined in the Sind Civil Servants Act and related regulations. The court emphasized the temporary nature of the petitioners' positions, which allowed for termination with short notice. Ultimately, the court upheld the decisions made by the Divisional Committee and dismissed the petitions, reinforcing the authority of the appointing authority under the Martial Law Order. This case highlights the complexities of civil service appointments and the implications of temporary employment within government positions, making it a significant reference in administrative law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
I. MAHMUD,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
G. H. Abbasi,
Madad Aly Shah,
Rasool Bakhsh,
Usman Ghani Rashid A.-G.,
Abbas Farooqui
|
| Petitioners |
Others,
MUSHTAQ AHMED
|
| Respondents |
DEPUTY DIRECTOR, FOOD, KARACHI REGION, KARACHI
|
| Citations |
1980 SLD 1309,
1980 PLC 98
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Sind Civil Servants Act (XVI of 1973),
West Pakistan Food Department Subordinate Executive Recruitment Rules, 1962,
Martial Law Order, 1977
|
| Sections |
199,
11(3),
55
|