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Petitioner: MUHAMMAD JAMEEL and 45 others VS Respondent: TALUKA NAZIM, TALUKA MUNICIPAL ADMINISTRATION KHAIRPUR and 5 others
Court Name: Sindh High Court Judge(s): Nisar Muhammad Shaikh, Shahnawaz Tariq Title:MUHAMMAD JAMEEL and 45 others vs TALUKA NAZIM, TALUKA MUNICIPAL
ADMINISTRATION KHAIRPUR and 5 others Case No.: Constitutional Petitions Nos.D-20, 757, of 2010 Date of Judgment:2013-10-08 Reported As: 2014 PLC (C.S.) 479 Result: Petitions accepted Judgment ORDER ' SHAHNAWAZ TARIQ, J.--- By this common order, we intend to dispose of the above mentioned petitions, which pertain the similar issue of non-payment of salaries to the petitioners, coupled with the direction to respondents, not to pass any adverse order against them. 2. Through the petitions in hand, the petitioners have prayed for the following similar reliefs:-- "(i) That this honourable Court may graciously be pleased to declare that the act of the respondents, while not paying the salaries to the petitioners since long is illegal, inhuman, anti- people and contrary to the Article 25 of the Constitution of Islamic Republic of Pakistan, 1973. (ii) To direct the respondents to pay the salaries to the petitioners stopped by them since long, without further delay and to continue the payment of salaries month wise. (iii) To restrain the respondents from dismissing the petitioners without due course of law during the pendency of above petition either directly or indirectly in any manner whatsoever. (iv) To grant any other relief/reliefs, as deems fit and proper in the circumstances of the case. (v) To award the costs of the petition." 3. Precisely the relevant facts forming the background of instant petitions are that the petitioners were appointed as inferior staff viz. "Helper", "Pump Operator", "Beldar", "Coolie", "Chowkidar", "Naib Qasid", "Vaccinator", "Assistant. Lineman", "Labour", "Electrician" and "Clerk" respectively in lower Grades 1 to 5 and one applicant Mehtab Ali son of Abdul Satter in Grade-7, by Taluka Nazim, Taluka Municipal Administration, Khairpur in the years 2007 and 2009 and according to them, although they have been performing their respective duties regularly, without any sort of complaint, but in lieu thereof, the concerned respondents have stopped their salaries without any reason or
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justification, therefore, they being compelled, have exhausted the extra ordinary Constitutional jurisdiction of this Court by filing their respective petitions for redressal of their grievances to such an extent referred to in the prayer clauses of these petitions. 4. Pursuant to notices, the answering respondents filed their comments, whereby they questioned the validity of very appointment orders of the petitioners, further stating therein that the petitioners were illegally appointed on their respective cadres by the Ex-Nazim without adopting proper procedure for such appointments as prescribed in Sindh Local Government Ordinance, 2001, nor obtained approval from Local Government Department, Government of Sindh, Karachi. However, the Local Government Department had issued a Notification No,RO (LG) /Misc/4 (2)09 regarding the appointments made without prior approval of the competent authority and all the Nazim(s) of Sindh were restrained from appointment. It is further submitted that the answering respondents have not stopped the salaries of the petitioners unlawfully as alleged, therefore, such appointments made by the Ex-Nazim have no legal effect and such unlawful act of an unauthorized person cannot drag whole the department into quagmire and uncertainty, and the right of the petitioners against filled positions cannot be created by an illegal act. They further stated in their comments that neither codal formalities were completed nor approval for such appointments was obtained from Local Government Department, Government of Sindh, Karachi, for filling of non-existent posts. The answering respondents in their comments have also alleged that the petitioners have obtained forged and fabricated appointment orders, therefore, the question of their performing of duties by them does not arise at all, as such they are not entitled for any salary and prayed for dismissal of these petitions. 5. It is worthwhile to mention here that admittedly all the appointment letters were approved and issued by the Taluka Nazim of Taluka Municipal Administration, Khaipur. As all the appointment letters are almost identical and containing similar ingredient, therefore, it would be advantageous to reproduce the appointment order and joining report of one petitioner namely Muhammad Jameel son of Muhammad Siddique in C.P No,D-20 of 2010 as under:--- ' TALUKA MUNICIPAL ADMINISTRATION KHAIRPUR, DISTRICT GOVERNMENT KHAIRPUR No: TMA/GB/KHP/1894 of 2009, Dt:2-9-2009. READ: (i) Resolution Budget Sessions Passed by the Taluka Council Sessions held on 13-7-2009 regarding creation of various posts BS:1 to 4, for essential services in various braches Taluka Municipal Administration Khairpur. (ii) Application of Muhammad Jameel son of Muhammad Siddique requesting for appointment as Helper and the orders of Taluka Nazim, T.M.A Khairpur. ORDER: ' Candidate Muhammad Jameel son of Muhammad Siddique temporary appointed as Helper in BS:2, Drainage Branch, TMA Khairpur with immediate effect. He will draw his pay in the National pay scale of Rs,3035-100-6035 plus other allowance as admissible under the rules. ' His services are purely temporary and can be terminated at any time without giving any notice. Sd/- TALUKA NAZIM Taluka Municipal Administration Khairpur 6. The petitioners in C.P No,D-757 of 2010 have produced photo copies of their appointment letters issued by Taluka Nazim, Taluka Municipal Administration, Khairpur, on various dates in the month of March, 2009, but the petitioners of the said petition did not produce their joining reports. However, petitioner No,1, Ali Hassan son of Allah Dino, Naib Qasid has produced photo copy of his attendance certificate, issued by Supervisor, Water Works (City) Taluka Municipal Administration, Khairpur. The contents of his joining report dated 26-3-2009, are reproduced as under:--- ATTEDANCE CERTIFICATE
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"This is to certify that, Mr. All Hassan son of Allah Dino, Naib Qasid P.C. Branch is present on his duty in Water Works Branch, Taluka Municipal Administration, Khairpur. This certificate issued for the month of October 8-10-2009 to up to date." --Sd-- Supervisor Water Works (City) Taluka Municipal Administration Khairpur 7. Petitioners Nos.4 and 5 of the said petition have also produced photo copy of their joint attendance certificate issued by Sub-Divisional Officer, Street Light Branch, TMA, Khairpur, which is reproduced as follows:--- "This is to certify that Khalid Hussain and Muhammad Yahya working in the Street Light Branch, TMA, Khairpur have attended office and remained present on duty for the months of February to April, 2010. This is being issued for salary purpose." --Sd- Sub-Divisional Officer Street Light Branch, TMA Khairpur. 8. Whereas photo copy of muster roll for the month of February, 2010 reflects the attendance/presence of petitioner No,2, Muhammad Ali, while the muster roll pertaining to the month of March, 2010, reveals the attendance/presence of petitioner No,3, Saleem Raza and petitioner No,2, Muhammad Ali. As far as petitioner No, 6 Aijaz Ahmed is concerned, he has neither produced any attendance certificate, nor his attendance/ presence is appeared in the above said muster roll. 9. In Petition No,D-1040 of 2011, petitioner Imtiaz Ali Magsi has prayed that respondents Nos.1 to 3, while not releasing his salaries except October, 2009, since his appointment, is illegal, inhuman, anti-people and contrary to the Article 25 of the Constitution of Islamic Republic of Pakistan, and in Petition No,D-2978 of 2011, petitioner Masood Ali Pathan has also made the same prayer stating therein that since his appointment viz. 6-12-2007, he has not been paid any salary which is contrary to the above mentioned Article of the Constitution. In both the petitions, the petitioners have produced photo copy of their respective service books. 10. The Petitioners in C.Ps Nos.D-516 of 2013, 582 of 2013, 674 of 2013, 793 of 2013, 1826 of 2013, 2217 of 2013, 2370 of 2013, 2772 of 2013, 3298 of 2013 and 3472 of 2013 as well as C.P No,D-360 of 2013, have alleged that they have not paid any salary since their joining of service and they prayed for release of their salaries. In the above referred petitions only photo copy of appointment orders have been produced by the petitioners but no joining report has been placed on record. 11. Learned counsel for the petitioners have contended that Taluka Nazim, TMA, Khairpur, has appointed the petitioners on merits and available vacancies as such the refusal of respondents from payment of salaries is without lawful authority and of no legal effect. They have further contended that refusal of respondents for payment of salaries of petitioners is patently discriminatory and violation of Articles 4 and 25 of the Constitution of Islamic Republic of Pakistan, 1973. They have also contended that the petitioners are entitled to be treated in accordance with the law and refusal of respondents for payment of salaries to the petitioners is contrary to the rules. They also averted that after selection of petitioners on merits and in accordance with the procedure prescribed by Sindh Local Government Ordinance, 2001, as well as The Sindh Local Government Taluka/Town Municipal Administration/Union Administration APT Rules, 2001, a vested right has been created in favour of the petitioners, as such denial of the respondents from payment of salaries is without lawful authority. They again argued that no show-cause notice has been issued to the petitioners in any manner whatsoever. Learned counsel for the petitioners invited our attention towards the unreported order dated 17-3-2009 passed by this Court in Const. Petition No,D-74 of 2008, "Re-Hameer Muhammad and others v. Taluka Nazim, T.M.A, Khairpur and others". They have also drawn our attention towards another un reported order dated 15-7-2009
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passed by this Court in C.P. No,D-553 of 2009 "Re-Muhammad Ali and 63 others v. Taluka Nazim, T.M.A Khairpur". They lastly have prayed for allowing these petitions. Learned counsel for the petitioners in support of their contentions have relied upon the cases reported as Administrator District Council Larkana and another v. Gulab Khan (2001 SCMR 1320), Province of Punjab through Secretary Agriculture, Government of Punjab and others v. Zulfiqar Ali (2006 SCMR 678) and Nawazish Hussain and others v. Mehr Bibi (deceased) through L.Rs, (2006 SCMR 683) 12. Conversely, Mr. Qalandar Bux Phuploto, Legal Advisor of TMA, Khairpur, has vehemently opposed these petitions and argued that the Nazim had not followed the procedure prescribed for appointments in relevant laws. Mr. Phulpoto further argued that since the petitioners were appointed illegally and without following the procedure, therefore, neither they were lawful employees of TMA nor they were permitted to perform their duties and even their orders were cancelled vide joint order dated: 4-1-2010, in compliance of the directives issued vide letters dated 2-1-2010, by the Local Government Department, Government of Sindh, Karachi. He also argued that as the illegal appointment orders were issued by the Nazim as such action was taken against the former Legal Advisor and he was removed from service. Further contended that the petitioners have malafidely invoked the jurisdiction of this court for the relief claimed. Mr. Phulpoto lastly contended that petitioners were appointed temporarily against non-existent vacancies, therefore, all the Constitutional Petitions are liable to be dismissed. In support of his contentions, he has referred sections 49, 57 and 58 of the Sindh Local Government Ordinance, 2001, The Sindh Local Government, Taluka/ Town Municipal Administration/Union Administration A.P.T) Rules, 2001, and also relied upon the case-law reported as Muhammad Ali and 11 others v. Province of KPK, through Secretary, Elementary and Secondary Education, Peshawar and others (2012 SCMR 673), Government of Punjab through Secretary (S&GAD), Lahore and another v. Zafar Maqbool Khan and others (2012 SCMR 686), Syed Mahmood Akhtar Naqvi and others v. Federation of Pakistan and others (PLD 2013 SC 195) and Government of N.-W.F.P through Secretary Forest Department, Peshawar and others v. Muhammad Tufail Khan (PLD 2004 SC 313). ' Learned A.A.-G. supported the contentions of Mr. Qalandar Bux Phulpoto, Advisor to TMA, Khairpur. 14. We have considered the arguments of learned counsel for the parties, perused the record made available before us and have gone through the case-law cited by the respective counsel meticulously. 15. For convenience, the contents of cancellation letter dated 2-1-2010, issued by the Section Officer-V, Local Government Department, Government of Sindh, Karachi, is reproduced for ready reference as under:--- NO . SO-IV /((LG)/Misc/2-1/2009 GOVERNMENT OF SINDH LOCAL GOVERNMENT DEPARTMENT Karachi, dated the 2nd January, 2010. To, ' The Taluka Municipal Officer, Taluka Municipal Administration, Khairpur. Subject: CANCELLATION OF ALL APPOINTMENTS ORDER IN THE TALUKA MUNICIPAL ADMINISTRAITON, KHAIRPUR. (1) It has been reported that some illegal appointments have been made in Taluka Municipal Administration, Khairpur, without the approval of the competent authority. (2) All such appointments made in Taluka Municipal Administration, Khairpur, stand cancelled/withdrawn with immediate effect. (3) Any lapse in this regard would be viewed seriously and action would be taken against incumbent Nazim and disciplinary proceedings would be initiated against the concerned Taluka Municipal Officer.
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Sd/- (MASROOR AHMED SOOMRO) SECTION OFFICER-IV 16. Likewise another letter dated: 2nd January, 2010, issued by Local Government Department, Government of Sindh, Karachi, through Deputy Secretary (Admn) is also reproduced as under:--- 'MOST URGENT TOP-PRIORITY MOST IMMEDIATE (1) The District Coordination with the directions to ensure Officers, compliance and __________ (all) convey the directives to all the lower formations. The Town/Taluka Nazitns, TMA____________ (all) (3) The Town/Taluka Municipal Officer, TMA____________ (all) ' SUBJECT: RECRUITMENT IN LOCAL COUNCILS WITHOUT APPROVAL OF THE GOVERNMENT. ' I am directed to refer to this department's letters of even No, dated 13-4-2009, 21-4-2009, 2-4- 2009 and 21-7-2009 regarding captioned subject. 2. Despite repeated reminders/directions/instructions some of the TMAs are not following the proper code of conduct. They are making illegal appointments without any approval of the competent authority. All such appointments made in all TMAs are declared null and void and cancelled. Any lapse in this regard, would be viewed seriously. (3) Action would be taken against the incumbent Nazims and disciplinary proceedings would be initiated against the TMOs who are found making such illegal appointments. (4) This issues with the approval of the competent authority. (DR. MUSTAFA SUHAG) DEPUTY SECRETARY (ADMN.) 17. In compliance of the above referred two letters, the TMA, Khairpur, has issued a joint termination order dated: 4-1-2010 for 66 employees, which is reproduced as under:--- TALUKA MUNICIPAL ADMINISTRATION KHAIRPUR Tel # 0243- 9280233 No, TMO-TMA/Khp/23 Dated 4-1-2010 ORDER SUBJECT: CANCELLATION OF ALL APPOINTMENT ORDERS IN THE TALUKA MUNICIPAL ADMINISTRATION KHAIRPUR. All the following shown appointee in TMA Khairpur as per order, date, designation shown against each have been declared in violation of Government rules/policy and the Local Government Department vide letter No,SO-IV/(LG)/Misc/2- 1/2009 dated 2nd January, 2010 issued by the Section Officer-IV Government of Sindh Karachi has cancelled/withdrawn all the appointments with immediate effect. In compliance of the letter cited above you have remained no more in service. {{TABLE}} No, Name of appointee with father's name Designation Order No, with date Appointed by Taluka Nazim TMA Khairpur 1. Ghulam Feroz Langha son of Ghulam Akber Chowkidar-2 2064 28-9-2009 -do- {{TABLE}} 2. Fida Muhammad son of Noor Muhammad Helper-2 1612 24-7-2009 -do- 3 Arif Ali son of Abdul Majeed Helper-2 1637 30-7-2009 -do- Zeeshan Ali son of Ghulam Ali Memon Helper-2 1641 31-7-2009 -do- Bux Ali son of Rahim Bux Junejo Helper-2 1750 15-8-2009 -do-
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Ghulam Fareed son of Allah" Dad Lashari Helper-2 1751 15-8-2009 -do- Ubaidullah Jeho son of Ghulam Abbas S.Worker-2 1752 15-8-2009 -do- Aijaz Hussain son of Manzoor Hussain Operator-4 1753 15-8-2009 -do- Syed Yousif Hussain son of Arif Hussain Zaidi P-Operator-4 1754 15-8-2009 -do- 10, Farzand Ali son of Shafi Muhammad Beldar-2 1755 15-8-2009 -do- Muhammad Niaz son of Muhammad All Drain Helper-2 1766 17-8-2009 -do- Imtiaz Hussain son of Muhammad Yousif Abbasi Helper-2 1775 18-8-2009 -do- Ghulam Hussain son of Gul Bahar Maitlo Helper-2 1779 21-8-2009 -do- All Muhammad son of Rafique Ahmed Beldar-2 1780 21-8-2009. -do- Javed Ali son of Nabi Bux Helper-2 1786 21-8-2009 -do- Sher Muhammad. Shah son of Muhammad All Shah P-Operator-4 1787 21-8-2009 -do- Nizamuddin Soomro son of Abdullah P-Operator-4 1795 24-8-2009 -do- Habibullah Phulpoto son of A.L.M.-2 1796 24-8-2009 Taluka Nazim T.M.A. Khairpur Wazi Ali Phulpoto son of Hakeem Ali Cooli-2 1807 25-8-2009 -do- Mehtab Ali son of Abdul Sattar Phulpoto Jr. Clerk-7 h 1808 25-8-2009 -do- Javed All son of Muhammad Paryal Helper-2 1841 26-8-2009 -do- Najeebullah Phulpoto son of Imdadullah Helper-2 1842 26-8-2009 -do- Irshad Ali son of Habibullah Helper-2 1844 26-8-2009 -do- Muhammad Shafique Phulpoto son of Abdul Majeed Helper-2 1845 26-8-2009 -do- Dur Muhammad son of Mir Muhammad Phulpoto Helper-2 1852 29-8-2009 -do- Feroze All Phulpoto son of Nazeer Ahmed Helper-2 1852 26-8-2009 -do- Muhammad Hassan son of Ghulam Hassan Helper-2 1864 31-8-2009 -do- Muhammad Jameel son of Muhammad Sadique Phulpoto Helper-2 1894 2-9-2009 -do- Ghulam Raza Phulpoto son of Ali Dino Helper-2 1895 2-9-2009 -do- Munawar All son of Hussain Bux Helper-2 1897 3-9-2009 -do- Istaker Ahmed Wirk son of Abdul Sattar Malhi-2 1898 3-9-2009 -do- Zahid Hussain Mangrio son of Muhammad Urs p-Operator-4 1902 3-9-2009 -do- Ghulam Mustafa son of Ghularn Shabir Mari Beldar-2 1903 3-9-2009 -do- Tufail Ahmed son of Nazeer Ahmed ALM-2 1914 7-9-2009 -do- Abdul Rasheed son of Shaikh Zameer Ahmed S.Worker-2 1915 7-9-2009 -do- Ameer Bux son of Allah Warrayo Helper-2 1934 7-9-2009 -do- Fayaz Hussain Junejo son of Shah Muhammad Helper-2 1935 7-9-2009 -do- Arshad All son of Ashfaque All Cooli-2 1943 7-9-2009 -do-
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Hafeezullah Memon son of Rakhio Chowkidar-2 1956 11-9-2009 -do- Farman Ali son of Jaffar Ali Helper-2 1958 11-9-2009 -do- Abdul Ghaffar son of Muhammad Hashim Helper-2 1938 11-9-2009 -do- Kaseem Khan son of Khalilullah Helper-2 1989 14-9-2009 -do- Abdul Hafeez Phulpoto son of Abdul Wahid Helper-2 1990 14-9-2009 -do- Papu Mari son of Nazeer Muhammad Helper-2 2000 15-9-2009 -do- Hatim Phulpoto son of Raban Phulpoto Helper-2 2001 15-9-2009 -do- Basha son of Faiz Ali Helper-2 2011 16-9-2009 -do- Mali Dino son of Soomar Khan Helper-2 2012 16-9-2009 -do- Irshad Ali son of Wall Dad Helper-2 2030 17-9-2009 -do- Ghulam Abbas son of Ghulam Shabir Helper-2 2035 18-9-2009 -do- Mukhtiar Hussain son of Ghulam Rasool Helper-2 2036 18-9-2009 -do- Sanaullah son of Wazir Hussain Helper-2 2041 19-9-2009 -do- Abdul Jabbar son of Ghulam Hyder Helper-2 2042 29-9-2009 -do- Abdul Rahim son of Gul Bahar Helper-2 2043 19-9-2009 -do- Abdul Jabbar son of Mureed Hussain Helper-2 2044 19-9-2009 -do- Illahi Bux son of Gul Sher Helper-2 2054 26-9-2009 -do- Abdul Salam son of Muhammad Ali Helper-2 2055 26-9-2009 -do- Abdul Ghaffar son of Muhammad Hashim Helper-2 2088 28-9-2009 -do- Lal Hussain son of Arbab Ali Cooli 2105 3-10-2009 -do- Mubeen Ahmed son of Shah Muhammad Helper-2 2115 3-10-2009 - - Abdul Hayee Phulpoto son of Imdadullah Helper-2 2125 5-10-2009 - - Saleem Ahmed son of Muhammad Bux Helper-2 2131 5-10-2009 -do- Attaullah son of Khalil Ahmed Helper-2 2136 6-10-2009 -do- Rustam son of Ghulam Nabi Helper-2 2174 9-10-2009 -do- Ghulam Asghar son of Ghulam Nabi Helper-2 2174 9-10-2009 -do- Pehlwar Phulpoto son of Rutam Phulpoto Helper-2 2184 9-10-2009 -do- Asghar son of Waseem Helper-2 2136 10-10-2009 -do- 18. From bare reading of the contents of letters dated 2-1-2010, issued by the Local Government Department referred supra, it is crystal clear that Local Government Department has alleged that some illegal appointments have been made in TMA, Khairpur, and L.G. Department has issued directives to TMA, Khairpur to cancel such illegal appointments. Therefore, it was prime duty of the TMA, Khairpur to initiate legal proceedings fairly and also examine all the appointments of the petitioners thoroughly on case to case basis and if any such illegal appointment was found then the legal action should have been taken individually by adopting legal procedure, but the TMA, Khairpur has counted and termed the appointments of all the petitioners made by Taluka Nazim to be illegal and consequently cancelled the appointments of the petitioners vide a joint cancellation order dated 4-1-2010, without adopting legal procedure prescribed under the law. 19. The next issue is the question of appointments of the petitioners by the Nazirn, Taluka Municipal Administration, therefore,, the main contention of controversy between the parties is that whether the Taluka Nazim was empowered to appoint the petitioners being competent authority or otherwise. Although the respondents have repeatedly contended that Taluka Nazim was neither
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competent authority to appoint the petitioners nor he has followed the procedure for such appointments as prescribed in Local Government Ordinance, 2001, as well as APT Rules, 2001, which have been vehemently opposed by the advocates for the petitioners. They further emphasized that the Taluka Nazim was competent authority for subject appointments as envisaged in Rule 3 of Sindh Local Government (TM/UAAPT) Rules, 2001, and petitioners were appointed as per procedure prescribed in relevant rules and strictly in accordance with law. 20. For appropriate conclusion, Rule 3 of A.P.T Rules, 2001, of TMA/UA is reproduced as under:--- "3. Executive powers of Nazim.--- Subject to the provisions in budget, the Nazim shall have the powers to:--- (a) Make appointment, transfer or promotion of, or grant leave to, or impose any penalty on the servants of respective TMA/UA other than the posts of TMO and TO posts of decentralized offices, SCUG employees and any other post so designated by--- (i) Basic Pay Scales 16 and 17 in the case of Karachi Towns, Hyderabad, Latifabad, Qasimabad, Sukkur, Mirpurkhas and Larkana Talukas. (ii) Basic Pay Scales 11 to 16 in case of other District Head Quarter Talukas TMA. (iii) Basic Pay Scales 5 to 10 in case of all other TMAs. (iv) Basic Pay Scale ,1 to 5 in case of Union Administration. 21. From the bare reading of the provisions of Rule 3 of APT Rules, 2001, it is crystal clear and there is no second thought except that the Nazim was competent authority to appoint the petitioners, and thus Nazim while exercising his legal authority, received applications moved by the petitioners which were duly processed and approved under the Resolution Budget Sessions passed by the Taluka Council sessions held on 13-7-2009 regarding creation of various posts BS.1 to 4, for essential services in various branches of Taluka Municipal Administration Khairpur. 22. Admittedly, the respondents at first hand have not permitted the petitioners to perform their duties, and on other hand neither issued show-cause notices individually to all the petitioners nor afforded them opportunity to defend their cause which has been done in utter violation of the principle of natural justice that no one should be condemned unheard. 23. The extra ordinary penal action of the respondents regarding withholding of their salaries is utter violation of Articles 4 and 25 of the Constitution. It is an amazing factum of the controversy that the respondents in parawise comments filed in C.P No,757 of 2010, have categorically stated that they have not stopped the salaries of the petitioners, but they were not permitted to perform their duties being illegal appointees, therefore, the question of stoppage of their salaries does not arise at all. In said C.P, the respondent No, 4, Assistant Director, Local Fund Audit, Khairpur, in his comments against para No,8, has stated that as per record of TMA, the petitioners Nos.2, 4 and 5 have received their salaries for six months i.e, September, 2009 to January, 2010 and April, 2010. Further admitted that the petitioner No,6 has received his salary for the months of April, 2010, September, 2011…
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