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1989 SCMR 692

KHALID MAHMOOD BALUCH and another vs SECRETARY TO GOVERNMENT OF

Petitioner: KHALID MAHMOOD BALUCH and another VS Respondent: SECRETARY TO GOVERNMENT OF PAKISTAN and others

Court: Supreme Court of Pakistan Decision Date: 1988-11-14

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Ali Hussain Qazilbash, Saad Saood Jan Title:KHALID MAHMOOD BALUCH and another vs SECRETARY TO GOVERNMENT OF

PAKISTAN and others Case No.: Civil Petitions Nos.861 and 862 of 1984 Date of Judgment:1988-11-14 Reported As: 1989 SCMR 692 Result: Leave to appeal granted Judgment ORDER ' ALI HUSSAIN QAZILBASH, J.--These two petitions bearing Nos.861 and 862 of 1984 are against the orders of the Federal Service Tribunal dated 6-6-1984 and 29-5-1984. 2. The two petitioners were appoint cd as Assistant Administrator in Grade 16 in the Evacuee Trust Board vide orders dated 20-3-1976 and 4-6-1976,respectively. After serving for about three years the services of both the petitioners were terminated through two separate orders bearing the same number dated 23rd April, 1979. They filed a number of representations before the President of Pakistan which were ultimately rejected through letter dated 27th September, 1981. Their appeals before the Service Tribunal were also rejected on 29-5-1984 on the ground of their appointment being irregular. 3. We have heard the learned counsel for the petitioners who vehemently contended that the Federal Cabinet had approved the proposal to exclude Grade-16 posts from the scope of review of irregular appointments made between 1-1-1972 and 5-7-1977 and as such their appointments could be termed as regular appointments. Reference was pointedly invited to demi-official letter No,4/6/79- REV.I(XVI), dated 28th July 1979 from the Establishment Division. The above-quoted letter, the learned counsel submitted, fully covered the cases of the petitioners and the authorities bound to implement the same and review the orders of removal of the petitioners from service. 4. After hearing the learned counsel for the petitioners we think the submissions made by him merit consideration. We, therefore, grant leave in both the matters. Security Rs,2,000 in each case. ' Leave to .

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