HAFIZ TARIQ NASIM, J. --- This writ petition is filed with the prayer that 'while accepting this writ petition, it.Be declared that the respondent No. 3 cannot become the member of A.P.C.A. Nor can hold any office of A.P.C.A., especially the Central Chairman being non-member of A.P.C.A. Pakistan and an officer working in BPS-17, consequently, all acts, deeds, nominations, representation and actions taken by and on behalf of respondent No. 3 may be declared as illegal, unlawful, arbitrary self-styled, male . Fide, against the Constitution of All Pakistan Clerks Association (A.P.C.A.), without any lawful authority and of no consequence.
It is further prayed that the respondents Nos. 2 and 3 may be directed to take legal action 'against the respondent No. 3, who is illegally taking part in the activities of A.P.C.A. Pakistan while posing, showing & representing to be Central Chairman of A.P.C.A. Pakistan. and nothing, else, which offends the specific provisions of the Constitution of Pakistan. Specifically, in case of females such-like attitude of the departmental authorities cannot be, approved, particularly when the Hon'ble Supreme Court of Pakistan is a number of cases held:--- "Competent authority could not make the employee sufferer on account of its on lapses and if the stance of the competent authority is that the appointment was made on the political influence, then the competent authority should have been bold enough to face political influence allegedly exerted by an employee but the competent authority surrendered and obeyed the capricious and arbitrary directions of their political Bosses without raising the slightest protest which depicts a cowardly and condemnable trend."
Reference in this respect can be made to the cases reported as Secretary to Government of N.- W.F.P. Zakat/Social Welfare Department, Peshawar and another v. Sadullah Khan (1996 SCMR 413), Syed Sikandar All Shah v. Auditor-General of Pakistan and others (2002 PLC (CS) 1027), Abdul Hafeez Abbasi and others v. Managing Director, Pakistan International Airlines Corporation and others (2002 SCMR 1034) and Collector of Customs and Central Excise, Peshawar and 2 others v.
Abdul Waheed and 7 others (2004 SCMR 303).
8. In another case reported as Water and Power Development Authority through Chairman, WAPDA House, Lahore v. Abbas Ali Malano and another (2004 SCMR 630), the Hon'ble Supreme Court has held:--- "Authority, with change of Government, terminated services of appointees terming them to have been appointed in violation of the rules laid down in human rights case---None of such appointees was lacking requisite qualification or had been appointed by incompetent authority--- Impugned order showed that appointees had been discriminated against ,other employees, who had been appointed in similar manner on ad-hoc basis, but had been subsequently confirmed and regularized----Appointees had served for eleven years and thus, vested right of being confirmed had accrued to them---Supreme Court dismissed petitions and refused leave to appeal."
9. In the present case, it is not the case of the respondents Government that the petitioner is not eligible and qualified for the said post, hence following the law supra, the respondents- Government's contentions are repelled.
10. Following the law supra, I am of the considered view that the impugned notice, dated 29.1.2009 is nothing but an exploitation, the petitioner has put a number of years with the Government department and that too without any complaint whatsoever and now at this belated stage i.e. After a span of fifteen years-of her service, issuance of such-like notice amounts to colourable exercise of powers and that too an arbitrary manner. Resultantly, the writ petition is allowed, the impugned notice is set aside and the respondents are from such-like activities in future, otherwise this Court shall have no other option except to direct the higher authorities to proceed against responsibles the proceedings and finalize to its logical en.