1995 PLP (C (PLC(CS))

1994 SCMR 256 and PLD 1987 SC 304 ref. Shamsher Iqbal Chughtai for Petitioners. Mahboob Ahmad for Respondents. Date of hearing: 29th November, 1994. This order will dispose of Writ Petitions Nos. 2063/94, 2064/94, 2065/94, 2066/94 and 2366/94 because common question of law and fact are involved therein.

2. The petitioners were employees of respondent No.1. Their grievance is that the respondent proceeded to retire them from service, after they had put in 25 years of service qualifying for pension, vide order dated 30th of June, 199.4, which was passed under rule 4(i) of the Punjab Local Councils and Municipal Committees Servants (Retirement) Rules, 1966.The order of retirement was assailed by the petitioners through separate appeals before respondent No. 2, who dismissed the same vide order dated 13th of September, 1994. Hence, these constitutional petitions, which were admitted to regular hearing and notices were issued to the respondents, who have entered appearance and contested the petitions.

3. Learned counsel for the petitioners in support of these petitions argued that the impugned order of respondent No. 1 is legally infirm and not maintainable because it was passed without hearing the petitioners or issuance to them show‑cause notice. The learned counsel in this behalf has referred to Mayor, Municipal Corporation, Rawalpindi v. Muhammad Ghaffar and 4 others (1994 SCMR 256).

4. On the other hand, learned for the respondents argued that the petitioners have been compulsorily retired from service strictly in accordance with the provisions of rule 4 (i) of the Rules, 1966. It is added that the order of retirement became final with the dismissal of their appeals by respondent No.2. The petitioners cannot maintain constitutional petitions in view of the provisions of rule 4‑A of the Rules, 1966.

5. I have given my anxious consideration to the arguments of the learned counsel for the parties gone through the record, the relevant provisions of rules and the precedents. The petitioners who were employed in different capacities by respondent No. 1 have been compulsorily retired from service under rule 4(i) of the Rules, 1966, after completion of 25 years service. Their appeals were dismissed by respondent No.

2. The admitted position is that before passing the order of retirement, neither any show‑cause notice was issued to them nor they were heard. This is clear violation of the law and is fully covered by the dictum laid down by the Hon'able Supreme Court in Mayor's case (1994 SCMR 256).

6. Now coming to the preliminary objection as to the competency of the writ petition, it is only those orders, which are passed strictly in accordance with the law and rules which attain finality under rule 4‑A of the Rules, 1966 referred to above, and not the orders which are outside the pale of these rules or passed in utter disregard of the law declared by the Hon'ble Supreme Court. All the Courts are bound to follow the law as declared by the Supreme Court in view of Article 189 of the Constitution. The Hon'ble Supreme Court in the case of Pakistan and others v. Public‑at‑large and others (PLD 1987 SC 304) held that law under which such retirement is made involves element of compulsion and carries stigma and disgrace in the public eye and if such action is taken in public interest then opportunity of hearing must be given to the affected civil servant. The respondents are bound by this dictum of the Hon'ble Supreme Court and any decision contrary to it would be liable to be corrected in the Constitutional jurisdiction. The upshot of the above discussion is that these writ petitions are accepted and the impugned orders of the respondents are set aside with the result that the petitioners would continue in service till they attain the age of superannuation or are retired in accordance with the law. It is, however, made clear that it is open to the competent authority to take fresh action, if so intended, strictly in accordance with law. There is no order as to costs. AA./M‑1965/L??????????????????????????????????????????????????????????????????????? ??????????? Petitions accepted.