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Petitioner: GHULAM RAZA VS Respondent: TOWN COMMITTEE, KHANQAH DOGRAN,Syed Abdul Waheed Bokhari, A.A.-G., Rana Muhammad Iqbal
1998 P L C (C
1998 P L C (C.S.) 323
[Lahore High Court]
Before M. Javed Buttar, J
GHULAM RAZA and others
Versus
TOWN COMMITTEE, KHANQAH DOGRAN
Writ Petitions Nos. 9085 le 9088 of 1995, decided on 3rd November, 1996.
Civil service--
---- Removal from service---Entitlement to benefits---Civil servants who were appointed and confirmed in their respective posts, subsequently, were removed from service---Appellate Authority accepting appeals of civil servants against their removal, referred matter again to Authority which had removed civil servants which Authority again terminated services of said civil servants---Civil servants, thus, would be deemed in service till final order of their removal passed by Authority on such reference and would be entitled to all benefits of service including payment of salaries till that time.
Mian Hamid Farooq for Petitioners.
Ch. Muhammad Aslam for the Town Committee.
Syed Abdul Waheed Bokhari, A.A.-G., Rana Muhammad Iqbal, Chief Officer, Town Committee, Khanqah Dogran for Respondent.
Date of hearing: 3rd November, 1996.
JUDGMENT
This judgment will dispose of Writ Petitions Nos.9085, 9086, 9087 and 9088 of 1995 as common questions of law and facts are involved in all these petitions.
2. The petitioners Ghulam Raza and Mukhtar Ahmad (W.P.Nos.9085 and 9088 of 1995) were appointed as Naib-Qasid and petitioners Muhammad Ameer and Anjum Farid (Writ Petition No. 9086 and 9087 of 1995) were appointed as Moharrir Chungi by respondent No.3 Town Committee, Khanqah Dogran on 10-8-1989 and were confirmed against the same posts on 24-2-1991 and 22-6-1991. The petitioners thereafter were removed from service by respondent No.3 on 30-6-1992. The petitioners preferred an appeal before respondent No.2 the Deputy Commissioner, Sheikhupura under rule 13-A of the Municipal Committee Rules, 1969 who vide his order dated 22-9-1992 accepted the petitioners' appeals and set aside the orders impugned before him of the petitioners' removal from service for lack of show-cause notice and directed the Chairman, Town Committee, Khanqah Dogran to observe all legal formalities before disposing of service matter of the petitioners. It is alleged in these petitions that in complete disregard of the order of appellate authority, respondent No.3 issued another notice demanding refund of salary from the petitioners on the allegation that the very creation of the posts was not legal. It may also be mentioned that the order of appellate authority dated. 22-9-1992 was never challenged by the Town Committee and the same attained finality. The petitioners gave applications to respondent No.2 Deputy Commissioner, Sheikhupura for getting the order dated. 22-9-1992 implemented and the respondent No. 2 vide order dated 24-1-1993 again directed the Chairman, Town Committee to hand over the charge to the petitioners but the same was not complied with. The petitioners again gave application to respondent No. 2 who vide his order dated 7-2-1993 directed the petitioners to take charge (??????????? ) and declared that this will entitle them to service benefits. The respondent No.3 again passed an order on 13-4-1993 abolishing the petitioners' posts and terminated the petitioners' services. The petitioners challenged the orders dated 13-4-1993 in Writ Petitions Nos. 1428, 1429, 1430 and 1431 of 1994 which were disposed of by this Court on 7-2-1995 with a direction that the appeals of the petitioners, which in the meanwhile had been filed, be decided by respondent No. 2 Deputy Commissioner, Sheikhupura within 30 days. The appeals heard by respondent No. 4 Assistant Director, Local Government and Rural Development Department, District Sheikhupura who dismissed the petitioners' appeals vide orders dated 24-4-1995. Hence these Constitutional petitions. ? 3. I have heard the learned counsel for the petitioners, learned counsel for Town Committee and the learned A.A.-G.
4. The petitioners were firstly removed from service by respondent No.3 on 30-6-1992 but their appeals were accepted on 22-9-1992 by respondent No.2 Deputy Commissioner, District Sheikhupura and the matter was referred back to respondent No.3 who again terminated the petitioners' services on 13-4-1993, therefore, till 13-4-1993 the petitioners will be deemed in service and consequently are declared to be entitled to all the benefits of service including the payment of salaries till that time. The petitioners' Writ Petitions Nos. 1428, 1429, 1430 and 1431 of 1994 were disposed of by this Court on 7-2-1995 with a direction that respondent No.2 Deputy Commissioner, Sheikhupura shall decide the petitioners' appeals/representations filed by them within a period of 30 days whereas the petitioners' appeals have been decided through the impugned order, dated 24-4-1995, by respondent No.4, Assistant Director, Local Government and Rural Development Sheikhupura which is contrary to the direction given by this Court in the above said petitions. The impugned orders, dated 24-4-1995, of respondent No.4 is, therefore, set aside and the petitioners' appeals shall be deemed to be pending before the respondent No. 2 the Deputy Commissioner, Sheikhupura who shall decide the same within 40 days. All the writ petitions accordingly stands disposed of.
H.B.T./G-65/L ??????????????????????? Order accordingly.