1991 PLP (C (PLC(CS))

‑‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Petitioners after more than one decade of their appointment, were called upon by competent Appointing Authority to furnish approval of Government qua relaxation of their age limits failing which they would be deemed to have been removed from service‑‑ Petitioners questioned the legality of order of Authority contending that they were appointed by Authority which itself having power to relax age limit, had duly relaxed the same and being permanent employees, their services could not be dispensed with without adopting proper legal procedure and without hearing them‑‑‑Appointing Authority could not be allowed to reprobate after period of more than one decade on sole ground that their cases as yet had not been regularised by Government‑‑‑Petitioners could not be penalised for the failure or inaction of the bureaucratic machinery of State‑‑‑High Court in exercise of Constitutional jurisdiction set aside order of Authority. Nemo for Petitioner. Qazi Khurshid Alam and Ch. Khalil Ahmad, A.A.‑G. for Respondent. Date of hearing: 12th March, 1991. This order will dispose of Writ Petitions Nos. 884, 901, 902, 903, 904, 905, 906 and 908 of 1986 in view of the commonality of facts and law involved, viz., petitioners' cases, ''having been appointed as Octroi Clerks/Octroi Peons and Sanitary Mate by the respondent during the period 1968 to 1969 without obtaining prior permission of the competent Authority qua relaxation of age limit, pursuant to the directive envisaged in Memorandum No.SOIV‑BWP‑3(26)/78, dated 12‑1‑1980 requiring all the Administrators of Municipal and Town Committees to submit all cases of appointment made in relaxation of the age limits by 28‑2‑1980, were referred by the respondent to the competent Authority; however, later on, vide the impugned order they were called upon by the respondent to furnish approval of the Government qua relaxation of their age limits failing which they will be deemed to have been removed from service; legality whereof has been questioned through these proceedings, by inter alia, contending that they were appointed by the competent Authority who also having been vested with the power to relax the age limit duly relaxed the same; being permanent employees their services cannot be dispensed with under a deeming clause without adopting the proper legal procedure in violation of the inalienable principle of natural justice of having been condemned unheard; which has been opposed by the learned counsel appearing on behalf of the respondent.

2. I am afraid, the competent Authority having appointed the petitioners by way of estoppel cannot be allowed to reprobate the same after a period of more than one decade on the sole ground that their cases as yet have not been regularised by the Government because they cannot be penalised for the failure or inaction of the bureaucratic machinery of the State; resultantly, the petitions are allowed, and the impugned order is set aside; however, since the petitioner's counsel has not shown up, therefore, there shall be no order as to costs. H.B.T./T‑125/L Petitions allowed.