2015 PLP (C (PLC(CS))

SAHIB KHAN, C.J.

Through this Writ Petition the petitioners have called in question the impugned order No.Sec-Edu-2(14)/2012 dated 14-3-2013 passed by the respondent No.3 whereby he in the result of an inquiry, cancelled the appointment orders of 183 petitioners issued on various dates. We heard the detailed arguments advanced by the learned counsel for the petitioners as well as Dy.A.-G. assisted by Mr. Sher Nadir, Legal Advisor, for respondents Nos. 3 and

5. Counsel for the petitioners submitted that the respondent No.1 vide his order dated 22-3-2013 withdrawn the impugned order passed by the Secretary Education (respondent No.3) however respondent No.5 in violation of the order passed by respondent No.1 ordered to keep the order of respondent No.1 in abeyance. Counsel for the petitioners further agitated that the respondents without observing the formalities required for dispensation of natural justice did not observe and even they never issued a single notice against the petitioners before going into a drastic action of dismissal of the petitioners from their service. The learned counsel for the petitioners requested for constitution of independent and impartial committee for inquiry to probe into the matter of the petitioners separately. Counsel for the petitioners referred the Gilgit-Baltistan Service Tribunals Act, 2010 and 2002 SCMR 1124 (Supreme Court of Pakistan) to substantiate their view point. The learned Deputy Advocate General assisted by Legal Advisor for respondents Nos.3 and 5 representing the respondents contested the petition mainly on the ground of maintainability of the petition as all the petitioners without seeking the departmental remedy available to them filed this writ petition which is ultra vires. They vehemently argued that as the impugned order has been withdrawn by the competent authority hence the petitioners got no locus standie to file the instant writ petition as well as they got no cause of action against the respondents. As such this writ petition is liable to be dismissed. They referred 2002 PLC (C.S.) 182 Supreme Court of Pakistan, a judgment of Chief Court passed in W.Ps. Nos.31, 38/2003 and W.Ps. Nos.9, 18/2004, W.P. No.1/2005, W.P.8/2004, W.Ps. Nos.16 and 22/2007 and W.P.13/2004 as ready references to substantiate their arguments. We have thoroughly heard the arguments advanced by both the counsel for the parties and have also gone through the record available on record with the able assistance of counsel for the parties. Without going into the merits and demerits of the case it is admitted that the impugned order dated 14-3-2013 passed by the Secretary Education (respondent No.3) has already been withdrawn by his superior i.e. Chief Secretary (respondent No.1) vide order dated 22-3-2013, the petitioners have not brought under question any subsequent order before this court and the petition is solely based on the impugned order cited above. It is further admitted by the parties that this order is not in field due to subsequent order by respondent No.1 (Chief Secretary). There is no ambiguity in our mind in holding that the instant petition has become infructuous. In the circumstances stated above, this writ petition is dismissed. All the miscellaneous applications for early hearing of the writ petition, constitution of full bench to hear the matter and amendment applications annexed with this writ petition are also disposed of accordingly. HBT/70/GB Petition dismissed.