IFTIKHAR MUHAMMAD CHAUDHRY, J.--- In instant petitions common judgment dated 17th April, .2000 passed by Punjab Service Tribunal, Lahore has been assailed with the prayer that leave to appeals may he granted.
2. The facts relevant for disposal of petitions are that on 19th November, 1996. Under Secretary (Cabinet-II) addressed a letter to all the Administrative Secretaries to Government of the Punjab under the "subject".
"Denotitication of Political Appointments". In pursuance of which the Chief Minister, Punjab issued instructions vide letter dated 24th November, 1996 to all ,District Health Officers in Multan Division Multan and others to denotify immediately all appointments made politically at the level of individual departments made politically at the level of individual, their attached departments or the autonomous bodies under their control. The Director Health Services, Multan Division, Multan vide Officers Order No. 589/E, dated 19th January. 1997 without serving show-cause notices upon the individual employees withdrew their appointment letters including the orders of their promotion considering them to he illegal, irregular during ban period by unlawful authority and without proper recruitment policy in vogue at that time. In pursuance of such omni bus order the services of all the petitioners working with District Health Officers in Multan Division were consequently terminated.
3. The aggrieved employees preferred Writ Petitions challenging termination of their services in the Lahore High Court, Multan Bench, Multan but they could not get any relief because their petitions were dismissed in view of the bar of Article 212 of the Constitution of Islamic Republic of Pakistan.
Subsequent thereto petitioners presented appeals before Punjab Service Tribunal on 8th November, 1999 which have been dismissed vide impugned order.
4. Learned Punjab Service Tribunal declined to grant relief to the petitioners for the following reasons:-
(a) The appointments of the appellants were made in violation of the rules and by a person who was not the appointing authority in these cases. All the posts against which the appellants have been appointed belong to the District Cadre of the Health Department and the respective District Health Officers/Medical Superintendents were the appointing authorities in the present cases.
(b) That no advertisement was made in the press inviting applications for these posts.
(c) Neither merit lists of the candidates were prepared nor the applications were put up before the relevant District Recruitment Committees.
(d) As per the report of Director Health Services Multan there is no official record of the applications made by the appellants and there is no record of the appointments order of the appellants on the basis of which they claimed their appointments and it has been informed that all these documents are bogus/fake.
(e) In certain cases the appellants did not possess the prescribed qualifications.
(t) In some cases erratic appointments were made and appellants obtained their appointments by resorting to unethical means.
5. Learned ASCs appearing for petitioners pointed out that during pendency of appeals before the Service Tribunal an application under Section 151, CPC being No. 505 of 1999 was submitted mentioning therein that the circular/letter dated 19th November, 1996 issued by the Cabinet Division Islamabad will have no application on the cases of the petitioners as per explanation offered by Health Department itself in letter dated 26th June, 1999 in pursuance whereof termination of services of M/s. Muhammad Shahhir Hassan, Muhammad Akhtar, Muhammad Jamil and Abbas A.I placed in alike circumstances was found to he due to misunderstanding and ultimately their termination orders were withdrawn, as a result whereof all appeals tiled by them before the Service Tribunal were disposed of because their grievances were redressed. Thus it was prayed that they may also be treated at par with their colleagues whose services were denotified alongwith them but their termination orders have been withdrawn for reasons noted hereinabove.
In this application it was also pointed out that one of their colleague namely Mr. Muhammad Tufail Anjum Ex-DD Supervisor whose service was also denotified under the same circumstances has preferred Appeal No. 1648/1997 which has been finally accepted by learned Member of the Tribunal namely Mr. Muhammad Aslam vide detailed judgment dated 20th February, 1998, therefore, it was prayed that this aspect also required consideration by the Tribunal. Thus request was made that documents pertaining to the above events may be allowed to he brought on record in the interest of justice. As per statement of Ch. Ghulam Qadir, Advocate during arguments all these facts were placed before the Tribunal but the impugned order neither mentions about tiling of the application nor the facts stated therein were considered at all. It was further contended that in these cases without adhering to the Efficiency and Discipline Rules and even without issuing show-cause notices to the petitioners their services were denotified in pursuance of a letter of Cabinet Division which has no application so far as cases of .Petitioners are concerned. He further argued that petitioners have been treated discriminately qua their other colleagues whose services were denotified under the same circumstances but subsequently they were reinstated in the service.
6. In response to pre-admission notice Mr. Nasim Sahir, Additional Advocate-General appeared and contended that the cases of Muhammad Shabbir Hassan and others are distinguishable from the cases of petitioners, therefore, no discrimination has been done with them and argument so advanced in this behalf being without substance may not he entertained.
7. After hearing learned counsel for parties in our opinion following points emerge for consideration:-
(i) As to whether before denotifying the appointments of petitioners they were not entitled tor show-cause notice in view of the principle of natural justice enshrined in the maxim Audi Alteram Partem.
(ii) As to whether petitioners have been subjected to discrimination by the Health Department because some of their colleagues namely Muhammad Shahhir Hassan and others whose appointments were denotified alongwith them but subsequently termination letters of their services were withdrawn for amongst other reasons that Circular/letter of the Cabinet Division dated 19th November, 1996 is not applicable on the employees of Health Department in the Province of Punjab: If so to what effect?
(iii) As to whether Circular/Letter dated 19th November, 1996 issued by the Cabinet Division of Federal Government was applicable on the employees of Health Department of Province of Punjab in view of the Explanation of the Health Department issued subsequently vide its letter dated 26th June, 1999.
(iv) What would be the effect of judgment of Service Tribunal announced on 20th February, 1998 in Appeal No. 1648/1997 in the case of Muhammad Tufail Anjum Ex-DD Supervisor working against the post of Sanitary Inspector.
(v) As to whether letter of Cabinet Division dated 19th November, 1996 has any legal sanctity; if so it has been applied in letter and spirit on the employees of Health Department of Multan Division.
Thus to examine above points leave to appeal is granted. However interim relief as prayed for has been declined but office is directed to fix these appeals within three months for final disposal.