KHALID MAHMOOD BALUCH and another vs SECRETARY TO GOVERNMENT OF PAKISTAN and others
This matter involves two petitions for leave to appeal against the orders of the Federal Service Tribunal, which had upheld the termination of the petitioners' services as Assistant Administrators in Grade 16 within the Evacuee Trust Board. The petitioners were initially appointed in 1976, but their services were terminated in 1979 on the grounds that their appointments were irregular. The core legal question before the Supreme Court was whether the petitioners' appointments, which were initially deemed irregular, were regularized by a subsequent Federal Cabinet decision to exclude Grade 16 posts from the scope of review regarding irregular appointments made between 1972 and 1977. Counsel for the petitioners relied upon a demi-official letter from the Establishment Division to argue that the authorities were obligated to implement the Cabinet's decision and review the removal orders. Upon hearing the arguments, the Supreme Court found that the submissions raised substantial points meriting further consideration. Consequently, the Court granted leave to appeal in both matters, thereby allowing the legal challenge against the Tribunal's decision to proceed to a full hearing.
- Does a Federal Cabinet decision to exclude specific grade posts from the scope of review of irregular appointments effectively regularize those appointments?
- Are authorities bound to implement Establishment Division directives regarding the review of removal orders based on subsequent policy changes?
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 .