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Petitioner: FAROOQ UMAR VS Respondent: INSPECTOR-GENERAL OF PRISONSHonorable Justice Dr. Rana Muhammad ShamimSarfraz A. Akhund
2009 P L C (C
2009 P L C (C.S.) 195
[Karachi High Court]
Before Dr. Rana Muhammad Shamim and Farrukh Zia G. Shaikh, JJ
FAROOQ UMAR and 2 others
Versus
INSPECTOR-GENERAL OF PRISONS and another
Constitutional Petitions Nos.D-817, D-910, D-954, D-959 and D-969 of 2006, heard on 27th March, 2008.
Constitution of Pakistan (1973)---
----Art. 199---Constitutional petition---Civil service---Principles of natural justice---Grievance of petitioners was that after their joining of duties, authorities could not stay their services on some legal complications---Plea raised by authorities was that appointment letters would be issued after lifting of ban---Validity---During ban the posts in question were advertised in newspapers and medical test held, written test and interview was taken and consequently appointment letters were issued whereafter petitioners joined services---After joining service, the order for staying their appointment was uncalled for---High Court, in exercise of Constitutional jurisdiction, declared that letter issued by . authorities for temporarily staying petitioners from performing their duties was illegal and the same was struck down for, being issued arbitrarily---High Court directed the authorities to take the petitioners on duty with all back-benefits---Petition was allowed in circumstances.
Sarfraz A. Akhund for Petitioners (in C.Ps. Nos.D-817, D-910, D-954 and D-959 of 2006).
Abdul Haleem Qureshi for Petitioner (in C.P. No.D-969 of 2006).
Azhar Ali Tunio, Addl. A.-G. along with Pir Shabbir Ahmad Jan Sarhandi, Superintendent, C.P. Larkana, acting D.I.-G., Prisons, Sukkur Region, Zulfiqar Ahmed, Superintendent, CP.1, Sukkur, Shahabuddin Siddiqui, Staff Officer to D.I.-G.P., Sukkur Region and Mansoor Ahmed Siddiqui, Deputy Superintendent Central Jail, Khairpur for the State.
Date of hearing: 27th March, 2008.
JUDGMENT
DR. RANA MUHAMMAD SHAMIM, J.---The learned counsel for the petitioners inter alia submits that the respondent No.1 through an advertisement published in February 2005 invited applications to fill up certain vacant posts in different scales including the post of O.G Wards (Constable in BPS-5). The petitioners applied for the said post on 16-7-2005. The physical and written tests were held and the petitioners qualified such written and physical tests whereafter on 29-9-2005 they were interviewed by the authorities. Consequently, upon such physical, written and interview test they were declared qualified whereupon their appointment letters were issued on 10-11-2005 whereafter the petitioners were posted in various prisons. They were again medically checked and on found fit they joined services. The petitioners were performing their duties entire to the satisfaction of their superiors. Suddenly on 22-11-2005 they received letter from the respondent No.1 that their services have been temporarily stayed due to some legal complications and the fresh orders will be issued in due course. Thereafter since no intimation received from the respondents for resuming duties, the petitioners filed instant petitioners praying therein that the letter dated 22-11-2005 issued by respondent No.1 for temporarily staying performing their duties be declared illegal, void and of no legal effect as the same has been issued arbitrarily. They further prayed that they be allowed to join their respective duties and their salaries clue thereto be paid accordingly as they were constrained to remain out of duty, though they were available to perform such duties.
2. Upon receiving notice respondent No.1 filed comments stating therein that staying of the appointment of petitioners is legal and their appointment letters will be issued to all the petitioners after the lifting of ban for such appointments.
3. It is agitated in our mind that when there was a ban why such posts were advertised in newspapers and medical tests held, written test and interview was taken and consequently appointment letters were issued whereafter the petitioners joined services. After joining service, the order for staying their appointment was uncalled for. We hold and declare that the impugned letter dated 22-11-2006 issued by the respondent No.1 for temporarily staying the petitioners from performing their duties is illegal and the same is struck down being issued arbitrarily. Consequently, petitions are allowed. The respondent No.1 is directed to take all the petitioners on duties and pay their due salaries and usual admissible allowances with effect from 22-11-2005 till date. However, after joining duty their monthly salaries be paid accordingly including any increments or increase in usual admissible allowances thereto if so announced by the Government. The Incharge D.I.-G. Prisons is present in Court who undertakes to take them on duties in their respective posts accordingly.
Petitions are allowed in the above terms.
M.H./F-52/K Petition allowed.