2000 PLP 1302 (SCMR)

IRSHAD HASAN KHAN, C. J.

Through this common judgment, we propose to dispose. of the above 20 petitions arising out of a consolidated judgment dated 27-9-1999, passed- by the N-W.F.P. Service Tribunal, Peshawar (hereinafter referred to as the Tribunal) in Appeals Nos.824, 680, 681, 682, 683, 684, 685, 679, 687, 688, 639, 634, 635, 703, 704, 707, 825, 686, 689 and 858 of 1997._ .

2. The brief facts are that the Government of N-W.F.P. S&GAD (Service Wing) invited applications for the posts of Junior Clerks (BPS-5) in the Civil Secretariat vide advertisement No.SOS-IV(S&GAD)5(252)/90 dated 21-9-1992. The petitioners individually applied for the above posts and wore directed to appear in the written/typing test and interview vide letters dated 25-1-1993, 21-6-1993 and. 25-7-1993 respectively. However, respondent No.3 (Secretary to Government of N.-W.F.P., S&GAD, Peshawar) cancelled the proceedings already undertaken for the purpose of filling the posts of Junior Clerks. The Government of N-W.F.P. again advertised the aforesaid posts. The petitioners underwent the same process but the proceedings were quashed by the then Chief Minister, N.-W.F.P. In consequence, the Government of N.-W.F.P. again advertised the aforesaid posts.

3. The case of the petitioners is that they were appointed as junior clerks after fulfilling the due formalities. They also claimed to have successfully completed the training at the Staff Training Institute. It is alleged that the petitioners were performing duties in Services and General Administration Department, N.-W.F.P., to the entire satisfaction of their superiors, when suddenly they were dismissed from service after considerable time on the ground that their appointments had been found to be illegal, ab initio void and against the prescribed rules. Being aggrieved, the petitioners herein, after exhausting the departmental remedies, approached the Tribunal but were unsuccessful. Eventually, they filed separate appeals before the Tribunal, but the same were dismissed. In consequence, the petitioners approached this Court by means of Civil Petitions Nos.466 to 491, 689, 690, 785 and 800 of 1999 for redress of their grievances. The petitions were converted into appeals and disposed of, vide order dated 29-6-1999, in these terms that the case was remanded to the Tribunal with the direction to decide the appeals and examine the cases of the petitioners individually and decide the matter in the light of an earlier judgment rendered in the connected petitions titled Abdullah and others v. The Director, Agriculture Engineering, N.-W.F.P. and another (Civil Petitions Nos.81-P to 105-P of 1999 decided on 19-5-1999). It would be advantageous to reproduce the order passed in pre-remand proceedings by this Court, which reads thus: "We had already disposed of a number of petitions for leave against the judgment in question at Peshawar Circuit Bench on 19-5-1999 through the judgment rendered in the above petitions for leave, namely Civil Petitions Nos.81-P to 105-P of 1999 and other connected petitions (Abdullah and others v. The Director, Agriculture Engineering, N.-W.F.P. and another) in terms of para.6 thereof which reads as follows:--

6. Since in the above petitions for leave to appeal, the Tribunal had failed to examine individual cases, and has solely relied upon the Government policy, it has failed to exercise the Jurisdiction vested in it. We, therefore, convert the above petitions into appeals and set aside the impugned judgment. The case is remanded to the learned Tribunal with the direction to decide the appeals and examine the cases of the petitioners individually and to decide the same in the light of the above judgments relied upon by the learned Advocate/ General. The cases will be disposed of within a period of three months from the date of receipt of copy of this judgment. The petitioners who are still in service will continue till the decision of the above appeals by the learned Tribunal.'

2. We would, therefore, convert the above petitions into appeals and dispose of the same in terms of the above-quoted para.6 of the earlier judgment."

4. We have heard the learned counsel for the parties and perused the material available on record. The learned Additional Advocate-General, N.-W.F.P., candidly conceded that the Tribunal has not dealt with the appeals of the petitioners herein individually but disposed of the appeals in a rolled up manner through the impugned consolidated judgment in violation of the remand order dated 29-6-1999.

5. Resultantly, all the above petitions are converted into appeals and by allowing the same, the impugned order dated 27-9-1999 of the N.-W.F.P, Service Tribunal, Peshawar is set aside and the appeals are remanded to the Tribunal for disposal afresh by examining the appeals of the appellants individually and separately on merits and in accordance with law, in the light of the observations made in this Court's order dated 29-6-1999. Needless to say, that the decision rendered by this Court was binding on the Tribunal and should have been implemented in letter and spirit. We further direct that the appeals be disposed of within two months from the receipt of this judgment. The parties and/or their counsel shall appear before the Tribunal on 27-4-2000 for further proceedings.

6. To the extent indicated above all the appeals are disposed of, with no order as to costs. M.B.A./R-9/S Order accordingly