1. ' Petitioners through this Constitutional petition have taken exception to the orders, dated 16-3-1995 and 5-4-1995 passed respectively by respondent No,1 Secretary Local Government and Rural Development Department Government of the Punjab and respondent No,3 Administrator Municipal Committee Jaranwala.
2. ' Facts briefly for the disposal of this Constitutional petition are that an advertisement appeared in the daily Press on 27-7-1991 for the posts of Firemen. The petitioners accordingly applied and were selected vide order, No,3280-3332, dated 24-8-1991 for a probationary period of two years by the Chairman Municipal Committee Jaranwala. Thereafter, they joined their posting and underwent one month training of Civil Defence at Federal Defence Training School Lahore from where they completed the same with colourful positions.
3. ' Subsequently the Municipal Committee Jaranwala passed resolution No,2 on 15-2-1992 dispensing with their services in view of letter, dated 1-8-1991 bearing No,SO-IV(LG) 10-31-90-P-11 of the Government of the Punjab as they were employed dt;ring the period of ban, This resolution, however, was suspended by the Deputy Commissioner Faisalabad vide his order, dated 26-2-1992.
4. In the meantime the petitioners also secured restraint order against their termination from the learned Civil Judge Faisalabad. However, the restraint orders secured by both the petitioners were withdrawn by the civil Court on 30-1-1993 whereafter the Chairman Municipal Committee terminated their services vide order, dated 1-2-1993. The petitioners filed appeals and the Deputy Commissioner Faisalabad through his order, dated 18-7-1993 accepted the same and ordered their reinstatement. Thereafter, the petitioners continued working at Municipal Committee Jaranwala, However, subsequently Audit Officer made a reference against the order of the Appellate Authority. This reference was later on recalled by the Municipal Committee Jaranwala vide its order, dated 23-10-1993. The Audit Officer (HQ) Provincial Directorate vide its Letter bearing No,PDPi6(61)/1885, datdd 1-11-1993 also fortified the withdrawal of the reference by the Municipal Committee and accordingly this chapter was closed.
5. ' However, in spite of the fact that the reference was withdrawn, respondent No,1 vide his order, dated 16-3-1995 recalled the order of the Deputy Commissioner Faisalabad passed on 18-7-1993 reinstating the petitioners. Subsequent thereto the Chairman Municipal Committee vide his order, dated 5-4-1995 terminated the services of the petitioner. Hence this Constitutional petition.
6. Learned counsel has argued that the petitioners were duly appointed on open merit after due publication. They meritoriously served the Department of Fire Brigade of Municipal Committee Jaranwala till April, 1995. They not only successfully cleared their training with colourful marks but also performed their duties with full dedication without any complaint from any quarter for all this period. The Chairman Municipal Committee Jaranwala in a mechanical manner simply in view of the order of respondent No,1 dispensed with their services through impugned order, dated 5-4- 1995 without applying his independent mind. A further argument has been advanced that a valuable right accrued to the petitioners has been taken away without providing any opportunity of hearing whatsoever. Learned counsel has further stated that even if it is to be conceded that they were appointed during ban period, they are not to be blamed for the same and the Chairman Municipal Committee Jaranwala could not have passed the impugned order in this manner without providing any opportunity. Reliance in this respect is placed upon Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Faruki (PLD 1969 SC 407) and Mian Ijaz Iqbal and others v. Faisalabad Chamber of Commerce and another (PLD 1983 Lahore 1). Learned counsel has lastly pointed out that even after termination of the services of the petitioners the Municipal Committee Jaranwala had appointed two other Firemen.
7. ' Mr. Arif Chaudhry learned counsel for the respondent has mainly argued on the maintainability of the writ petition by placing reliance on an unreported judgment rendered by learned Single Judge in Writ Petition No,21041 of 1997 on the ground that Rule 13-A of the Municipal Committee Service Rules, 1969 has provided an appeal against the impugned order of the Chairman.
8. ' I have considered the contentions and have gone through the documents appended with this petition. Since the case has been argued at quite some length as such with the concurrence of the parties it is disposed of as a pacca matter. I am sorry to hold that the precedent relied upon by the learned counsel for the respondent would not be relevant in the present case as the impugned order of the Chairman Municipal Committee Jaranwala has been passed mechanically without application of independent mind simply in view of the order earlier passed by respondent No, 1 .
9. Secretary Local Government and Rural Development Department against which no appeal is provided. I have also noticed that in another unreported Writ Petitions No,1867 of 1992 and 2424 of 1992, a learned single Judge at Multan Bench vide judgments, dated 8-3-1994 and 26-9-1993 reinstated the employees of Municipal Committee Arifwala appointed during the alleged ban period. The learned Judge in these cases had held that the Government of the Punjab issued direction on 9-2-1992 vide Order No,SOL-V (LG) 10-31/90 directing the Mayors/Chairman of the Municipal Corporation/Zila Council/Municipal Committee/Town Committees in the Punjab for reinstating all the officials who had been appointed before 1-8-1991 and whose services were terminated in consequence of letter, dated 1-8-1991. The petitioner's services have also been terminated in consequence of letter, dated 1-8-1991. However, it is to be noted that in this case the posts were advertised properly in the Press on 27-7-1991 and were filled by the competent Authority on merits. They were appointed against permanent posts as such they should be deemed to have been appointed on permanent basis. Since the appointments were made after adopting normal procedures as prescribed under the Rules as such in the circumstances there was no justification with the Chairman Municipal Committee Jaranwala to terminate their services in this manner C without providing any opportunity of hearing.
10. ' The upshot of the above discussion is that since the petitioners were duly appointed and their services have been terminated without providing any opportunity as such impugned order is set aside and the petitioners are reinstated in service without back benefits. No order as to costs.