JUDGMENT ' IQBAL HAMEEDUR RAHMAN, J.--- The instant appeal under section 3 of the Law Reforms Ordinance, 1972 proceeds against the judgment, dated 31-5-2006, whereby the learned Single Judge in Chambers dismissed the appellants' constitutional petition (Writ Petition No,2962 of 1997) in limine.
2. The facts of the case in brief are that the appellants were selected and appointed as dispensers and vaccinators by the Recruitment Committee on the orders of the respondent No,1 District Health Officer, Vehari. Thereafter, the appellants served the Health Department for more than 13 years. The services of the appellants and others had been denotified/terminated by respondent No,1 vide his order dated 15-3-1997. The services of respondent No,1, Dr. Qamar-ud-Din Kadri, at that time were also suspended vide order, dated 26-2-1997 by theChief Minister. It is, therefore, urged by the appellants that respondent No,1 was neither the authority nor competent officer to pass the A impugned order, dated 15-3-1997 by DE notification/termination of the services of the appellants.
3. Various categories of dispensers working in various seats of the department were terminated and denotified, some of them filed Writ Petition No,1048 of 1997 and the same was later on withdrawn as they were reinstated and regularized from the date of termination and denotification. Some other dispensers filed service appeals before the Punjab Service Tribunal, which were accepted vide judgment, dated 5-12-2001. The Department filed C.Ps. Nos.555 to 587-L of 2002 before the Honourable Supreme Court of Pakistan and the same were dismissed by the Honourable Supreme Court vide judgment, dated 26-4-2002 and the judgment dated 5-12-2001 of the Service Tribunal was upheld and maintained by the Honourable Supreme Court, which had declared that the termination/denotification of other dispensers terminated through the impugned order dated 15-3-1997 being illegal and directed the respondents to reinstate the terminated employees.
4. The appellants filed Writ Petition No,2962 of 1997 and the learned Single Judge in Chambers dismissed the same vide his order, dated 31-5-2006, declaring that the matter pertains to the terms and conditions of service and bar contained in Article 212 of the Constitution of Islamic Republic of Pakistan, 1973 is fully applicable to the instant case. Hence the present appeal.
5. We have heard learned counsel for the appellant as well as the learned A.A.-G. and also perused the judgment of the Punjab Service Tribunal, order of this Court and the judgment of the Honourable Supreme Court as well as the comments submitted by respondents Nos.1 and 2.
6. The learned Single Judge in Chambers did not appreciate that the person, who passed the impugned orders, had no authority as he himself was suspended on 26-2-1997, therefore, he could not be considered as the competent authority. Thus, the orders passed by respondent No,1 were void ab initio and illegal. We feel that in the circumstances, it would have been appropriate for the High Court to exercise its constitutional jurisdiction in striking down such an illegal order. It may be noted that the said orders have already been held to be illegal not only by the Punjab Service Tribunal but also by the Honourable Supreme Court of Pakistan. To our mind, the exercise of constitutional jurisdiction of this Court in these matters would have been fully justified and appropriate. Further when the other colleagues of the appellants have already been regularized, the appellants were also to be treated on the same footing. Even the comments submitted by respondents Nos.1 and 2 also support the claim of the appellants. It was a clear violation of Article 25 of the Constitution of Islamic Republic of Pakistan, 1973 on the part of the Department and such discrimination should be safeguarded by this Court by exercising its constitutional jurisdiction.
8. In view of the above circumstances, this I.C.A. is accepted andthe impugned order dated 31-5-2006 passed by the learned Single Judge in Chambers is set aside. The respondents are directed to reinstate the appellants in service on the same basis as other colleagues of the appellants have been reinstated.
7. I.C. Appeal accepted