' This judgment will dispose of two connected writ petitions being numbers 879 of 1998 and 1236 of 1998 as both involve the same question of fact and the law.
2. The case of the petitioners is that the Government of the Punjab in the Irrigation Department conducted the examination for Canal Patwaris. The said examination was conducted and after fulfilling all the formalities, the petitioners were declared successful and were appointed as Canal Patwaris. They continued serving the department when on 6-11-1997 respondent No, 1 issued Letter No, ESTT/V-I-20/95, dated 6-11-1997 declaring all the certificates issued to all the candidates as a result of Patwar Examination held on 5-7-1993 to 8-7-1993 in Dalas Division of Rehimyar Khan, Canal Circle, as nul and void being issued illegally and mala fidely. In pursuance to this letter of the Secretary to Government of the Punjab in the Irrigation Department, the Executive Engineer, Dalas Canal Division, Rah Yar Khan and the Executive Engineer, Eastern Bar Division, Pakpattan Sharif declared the certificates as null and void being issued illegally and mala fidely.
3. Learned counsel for the petitioners submitted that the respondents have acted in contravention and violation of the principle of natural justice as under the law none can be deprived without- being heard and that due to any act of the State functionary, if some valuable right has accrued, that cannot be done away with without observing the law.
4. Amongst the respondents, only Mr. Munir Ahmad, Divisional Canal Officer, Lodhran and Mr. Atta Muhammad, Assistant on behalf of Chief Engineer, Irrigation Bahawalpur are present but without any instructions and written statements.
5. The admitted position is that while passing the impugned orders, the petitioners have been condemned unheard. There is no cavil about it that the respondents have the authority to rescind their order but where a right has, been vested in the petitioners as after completion of the Patwar Examination they have been working as Patwaris till 6-11-1997 they had a right to be heard before p being condemned.
6. In this view of the matter, both the writ petitions are allowed with a special cost of Rs,5,000 each and as a result thereof, the order dated 6-11-1997 passed by the Section Officer under the direction of the Secretary to Government of the Punjab in the Irrigation Department is declared to be without lawful authority and of no legal effect.