1. M. SALEM CHAUDHRY (CHAIRMAN).-In these appeals the appellants were admittedly appointed on temporary basis with the express stipulation that their appointments were purely temporary and were liable to termination without any notice. The grievance of the appellants, however, appears to be that the action against them has been taken under Martial Law Instruction No, 21, which was not a valid piece of legislation. It is also contended that even the action taken against them was not taken in accordance with the requirements of the aforesaid Martial Law Instruction. We, however, feel that in view of the express conditions contained in their appointment orders, in impugned termination orders could not be said to violate any term and condition of the service of the appellants. We also find that section 10 of the Punjab Civil Servants Act which admittedly constituted the terms and conditions of the service of the appellants expressly empowered the Competent Authority to terminate the services of the appellants on 30 days' notice or on the payment of salary in lieu thereof. Merely because the Martial Law Instruction No, 21 has been cited in th order did not make any material difference. Thus the appeals above did not appear to be maintainable. In this behalf or conclusions are fully fortified by the following observations made by the Supreme Court of Pakistan in In re : Punjab Province v, Sardar Abdul Rehman Khan Durrani :- "In the light of or finding that the case in view of sub-rule (2) of rule 16 was to be processed and regulated under 1959 Rules, the mere fact that in the aforesaid documents 1960 Rules were referred to and quoted would not detract anything from the validity of the relevant proceedings conducted and steps taken against the plaintiff, so long as, those proceedings and steps can well be covered by and squarely fall under 1959 Rules both as regards their nature and the competency of the concerned authorities who passed the relevant orders in that respect. In that state of affairs mere1 citation of a wrong reference will be of no importance. This Court has already held in The Chairman, East Pakistan Railway Board, Chittagong v. Abdul Majid Sardar PLD 1966 SC 725 and 730 that 'acts performed and orders made by public authorities deserve due regard by Courts and every possible explanation for their validity should be explored and the whole field of powers in pursuance to which the public authorities act or perform their function examined and only then if it is found that the act done, order made or proceeding undertaken is without lawful authority should the Courts declare them to be of no legal effect."
2. Moreover, the appellants failed to persuade us to hold that any service right of the appellants had been violated. In the absence of any such grievance, the appeals did not appear to be tenable. The following observations made by Mr. Justice Shafi-ur-Rehman in case reported as in re :Sohrab Butt v. Government of Punjab , support or conclusions above :- "Nevertheless, for maintaining a petition under Article 199 not only a mere illegality but also a right of individual must be involved. In the present case, the appointments being ad hoc and expressed to be till further orders, they cannot be protected by resort to the Constitutional jurisdiction. Hence the petitions are dismissed in litnine."
3. No doubt the above observations have been made by the Lahore High Court in the context of writ jurisdiction, but the same hold equally good in the present appeals.
4. The appellants and the counsel appearing for them have not been able to satisfy us that the Departmental Authorities concerned did not have the powers to terminate their services or to revert them. Since the present appeals have been filed to enforce the terms and conditions of service of the appellants and they failed to show us that any term and condition of service has been violated, we are not pursuaded to hold that any interference is called for in such cases. We accordingly dismiss the appeals with no order as to costs. PLD 1979 SC 711 PLJ 1978 Lab. 35