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Review Petition No. 402 of 1981 in Writ Petition No. 640 of 1980, heard on 4th May, 1983.

‑‑ O. XLVII, r. 1 & S. 151 ‑Constitution of Pakistan (1973), Art. 199‑Review‑Civil service‑Promotion of civil servant to higher grade‑Termination of such civil servants and re‑employment in old (lower) grade‑Writ petition by civil servants allowed holding termina tion of services in higher grade and re‑employment in lower grade to be illegal and of no lawful authority‑Status quo order passed by Division Bench of same High Court pending said writ petition that status quo till Public Service Commission on requisition by Department makes final selection"‑Held, writ petition having been allowed in terms that civil servant will be treated regular employee in Department, there was no need to make order that said status quo order shall stand vacated‑Civil servant was not liable to appear before Public Service commission being regular employee of Department.‑[Review‑Civil service].

Q. Atiqur Rehman for Petitioner.

Zahoorul Haq, A.‑G. for Respondent iv o. 1.

Date of hearing : 4th May, 1983.

.‑‑This review application has arisen in the following circumstances :-

The respondents were serving as Grade 16 Officers in the Agriculture Department when they were promoted to the post of Grade 17. Meanwhile Notification SOG (E) AD II (2) 375/78 Vol. II, dated Ist June, 1980 was issued in pursuance whereof the services of the respondents as Grade 17 Officers were terminated and they were re‑employed as Grade 16 Officers with effect from 27‑12‑1979. The respondents challenged the vires of this Notification in W. P. No. 640 of 1980. Their prayer was that a direction may be issued to the Department that they are regular employees of the Department or in the alternative they be allowed to continue in service till the finalization by‑the Public Service Commission. The writ petition after hearing the learned counsel on behalf of both sides was allowed in the follow ing terms, vide our judgment dated 22‑9‑1981 :‑

"On the view of the matter that we take: we hold that the termination of services of the petitioners in Scale No. 17 as Agriculture Officers/ Assistant Research Officers and their re‑employment in Scale No. 16 is illegal and of no lawful authority. This writ petition is, therefore, allowed as prayed. However, there will be no order as to costs."

In support of this review application the learned State counsel called our attention to a status quo order dated 9‑12‑1980 passed by a learned Division Bench of this Court on the stay application bearing No. 951 of 1980 during the pendency of the writ petition. The said status quo order is to the follow ing effect :-

"Status quo till the Public Service Commission on requisition by the respondents makes the final selection. This order is subject to notice."

The learned counsel for the respondents submitted that as the writ petition was finally decided, the effect of the above status quo order ceased to exist and consequently it stood vacated, yet as in our judgment under review, we did not make any mention in this behalf, it may now be clarified that in consequence of our judgment under review the status quo order stood vacated. We have allowed the writ petition in terms that the respondents will be treated regular employees in the Department, therefore, there was no need to make an order that the status quo order shall stand vacated. As We held the respondents regular employees in the Department they were obviously not liable to appear before the Public Service Commission. If the object of the present review application is that by vacating the status quo order the respon dents will appear before the Public Service Commission, it will not be correct.

We do not see any error of law in our judgment dated 22‑9‑1981 and consequently this review application, with the above observations, is disposed of. No order as to costs,

M. Z. M.

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