1988 PLP 1877 (CLC)

Rasheed Akhund for Petitioner. Syed Inayat Ali for Respondents. Date of hearing: 29th September, 1987. AJMAL MAIN, J.‑‑By this common judgment we intend to dispose of the above four constitutional petitions as common point of law is involved in all of them.

2. The brief facts leading to the filing of: (a) C.P. No.12 of 1987: are that the petitioner was working as an Assistant Engineer in Grade B.S.17 when he was served with an order dated 1‑12‑1986 by the Secretary to the Government of Sind, Housing Town Planning Local Government and Rural Development Department in terms of Rule 4 (a) of the West Pakistan Local Councils and Municipal Committees Servants (Retirement) Rules, 1966 'ordering that the petitioner shall stand retired from service with immediate effect on the expiry of leave preparatory to retirement if applied by him within 15 days of the receipt of the order. The petitioner has filed the present petition to impugn the above order. (b) C.P. No.211 of 1987: are that the petitioner was working as Chief Fire Offieer in Grade BS‑17 when he was served with an order dated 7‑10‑1986 passed by the Mayor and Competent Authority of respondent No.l under Rule 4 (a) of the West Pakistan Local Councils and Municipal Committees Servants (Retirement) Rules, 1966 read with Rule 3 (b) (i) of the Sind Councils (Delegation of Financial and Administrative) powers Rules, 1980 ordering the retirement of the Petitioner with immediate effect or on the expiry of leave preparatory to retirement if applied for by him within 10 days of the receipt of the said order. The petitioner has impugned the above order in this petition. (c) C.P. No.289 of 1987: are that the petitioner was serving as an Assistant Engineer in B a R Division, K.M.C. in Grade BS‑16 when he was served with an order dated 23‑11‑1986 passed under Rule 4 (a) of the West Pakistan Local Councils and ;Municipal Committees Servants (Retirement Rules 1966 by the Secretary to the Government of Sind, Housing Town Planning Local Government and Rural Development Department ordering the retirement of the petitioner with immediate effect or on the expiry of leave preparatory to retirement if applied for by him within 15 days of the receipt of the above order. The petitioner has challenged the above order in the above petition. (d) C.P. No. 387 of 1987: are that the petitioner was working as Sub‑Fire Officer in the respondent Corporation in Grade BS‑

8. On 28‑10‑1986 Director Administration, K.M.C. in exercise of the powers conferred by Rule 4 (a) of the West Pakistan Local Councils and Municipal Committees Servants (Retirement) Rules, 1966 read with ;Municipal Commissioner K.M.C., letter No. Admn/Reg‑2/19$0 dated 8th July, 1980, ordering the retirement of the petitioner with immediate effect or on the expiry of leave preparatory to retirement if applied for by the petitioner within 10 days of the receipt of the said order. The petitioner has also challenged the above order.

3. The question whether a civil servant or an employee of a corporation or local Authority under the control of the Government can be retired without issuing any show‑cause notice prior to the issuance of such order of retirement had been subject‑matter inter alia of an appeal before the.Hon'ble Supreme Court in the case ofl Pakistan and others v . Public at Large and others reported in P L D 1987 SC 304 in which the Shariat Appellate Bench of the Supreme Court held that section 13(i)(ii) of the Civil Servants Act (LXXI ofi 1973), section 12(i)(ii) of the Punjab Civil Servants Act (VIII of 1974), section 13(i) of Sind Civil Servants Act (XIV of 1973), section 13(i)(ii) of the Baluchistan Civil Servants Act (IX of 1974), section 13(i) of N.‑W.F.P. Civil Servants Act (VIII of 1973) and Pakistan Cantonments Servants Rules, 1954, Rule 44 (3) are repugnant to the Injunctions of Islam in so far as they do not provide for due notices of action proposed to be taken and opportunity of showing cause against such action. The competent authorities were allowed six months' period from the date of decision of the Shariat Appellate Bench of the Supreme Court, , that is, from 11‑3‑1987 to amend the law so as to bring it into conformity with the Injunctions of Islam, failing which specified provisions were to cease to have legal effect. It may be observed that the above provisions empowered the authorities specified to pass an order of retirement of the nature which is in issue. The question whether the above judgment was applicable to the employees of Cantonments or local authorities was also dilated upon by the Hon'ble Appellate Bench of the Supreme Court in the following words:‑ "All this would also apply to Cantonments'. employees. There is no valid reason for creating any distinction between these and the civil servants covered by the Civil Servants Act. The Cantonment Boards are the institutions acting in connection with the affairs of the Federation. Moreover, they are such local authorities who are subject to even the writ jurisdiction of the High Courts. Their employees perform public service. For purpose of the questions involved in this case relating to the application of the Injunctions of Islam to the Rules of the service of the employees of Cantonment Boards, which admittedly fall within the definition of law for this purpose, the case of those employees cannot be treated differently." The above judgment is binding on us in view of Article 203‑GG of the Constitution which provides as follows:‑ "203‑GG. Subject to Articles 203‑D and 202‑F, any decision of 1 the Court in the exercise of its jurisdiction under this Chapter shall be binding on a High Court and on all Courts subordinate to a High Court."

4. In view of the above clear pronouncement by the Hon'ble Appellate Shariat Bench of the Supreme Court we have no option but to declare the impugned orders as being without lawful authority and of no legal effect subject to the proviso that the respondents may pass fresh orders after issuing show‑cause notice and providing to the petitions an opportunity of being heard, if they so wish. The petitions stand disposed of in the above terms with no order as to costs. A . A . /S‑230/ K Order accordingly.