2014 PLP (C (PLC(CS))

The petitioners, who were serving on various jobs in Grade-1 to Grade-4 in the Education Department, Government of Sindh, have impugned the Letter No.EDO(EDU)ADMN-III 321/2008, dated 30-4-2008, by which on the directions of the Government, all appointments made on or after 24th day of October, 2007 and offer letters issued in the Caretaker Regime in posts from BS-1 to BS-4 and JSTs were cancelled forthwith without any Show Cause Notice. The matter was adjourned several times on the request of the A.A.-G., initially for filing comments and later on, on the excuse that since Mr. Fattah Malik, Additional Advocate General Sindh at Karachi has been assigned to look after the above cases, therefore, either he will appear himself of instruct the learned A.A.-G. on how to contest this case before this Court. The learned A.A.-G. had filed a statement along with which he had attached a number of documents and on the last date, we had directed him to inform us on the effect of these documents. We also gave him an opportunity to satisfy us that the Caretaker Government does not possess the powers to make any appointment during its tenure in office but neither the effect of the documents filed by the learned A.A.-G. has been explained to us nor it has been shown to us that making appointments is not in the function of the Caretaker Government and they are not empowered to make any appointment during their tenure. He only tried to read the communication of the Election Commission dated 7-12-2007 in which certain postings and transfers were banned but from a perusal of the above letter, it is seen that the above letter was only issued with the object that since the Government Servants were involved in the Election as Election Officials, therefore, to stop the posting and transfers for political reasons and mala fide motives, said letter was issued and has nothing to do with the present case. It is an admitted fact that the petitioners were appointed during the Caretaker Regime and that they were dismissed from services without issuance of show-cause notice and without following the codal formalities prescribed therein. The learned Counsel has relied on a judgment of this Court in Constitution Petition No.D-381 of 2008, dated 8-4-2009, wherein this Court in an identical case after observing that the rule of audi alteram partem has not been followed the petitioners, without provision of any opportunity, were terminated, allowed the petition and directed that the petitioners may be reinstated to their respective posts. We are in respectful agreement with the judgment of the learned Bench and the same is also binding on us. Even otherwise, as pointed out above, no provision has been shown to us which prevents the Caretaker Government from making any appointment during its tenure. We, therefore, allow this petition and direct the respondents to post the petitioners on the posts they held before being terminated by the impugned notification and provide them back-benefits and any salary which has not been paid to them previously within a period of 3 months from the date of the date of this order. We may, however, clarify that the respondents may, if they so desire, take action for removal against any of the petitioners after following the principle of natural justice and the codal formalities prescribed for such action. This petition along with the listed applications is disposed of in the above manner. JJK/M-122/K Petition allowed.