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1991 PLC(CS) 155

MASOODA BEGUM VS DISTRICT EDUCATION OFFICER, TOBA TEK SINGH

Petitioner: MASOODA BEGUM VS Respondent: DISTRICT EDUCATION OFFICER, TOBA TEK SINGH

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1991 P L C (C

1991 P L C (C.S.) 155

[Lahore High Court]

Before Irshad Hassan Khan, J

MASOODA BEGUM

Versus

DISTRICT EDUCATION OFFICER, TOBA TEK SINGH and another

Writ Petition No. 825 of 1989, decided on 31st July, 1990.

Punjab Civil Servants Act (VIII of 1974)---

----S. 4---Constitution of Pakistan (1973), Art. 199---Appointment---Imposition of ban on recruitment of Lady Teachers ---Petitioner seeking restoration in service as Drawing Mistress in newly upgraded High School ---Government had previously appointed her in said school in BPS-9 but the appointment was to take effect after lifting of ban imposed by Government on recruitment of Lady Teachers in BPS-9 after summer vacation---Contention on behalf of petitioner was that imposition of ban was not relevant in case of petitioner whose appointment was made prior to imposition of ban---Case of petitioner stated to have been sent to competent authority for relaxation of ban and decision was likely to be taken very shortly ---Held, in case decision was not taken within 90 days by competent authority, petitioner would again approach the High Court

Muhammad Hanif Niazi for Petitioner.

Farooq Bedar, Addl. A.-G. for the State.

ORDER

The grievance of the petitioner relates to her restoration in service as Drawing Mistress in the newly up-graded high school in Chak No.247/G.B. The Punjab Government vide order dated 13-6-1990 has already appointed the petitioner in the said school in BPS-9 in the Educational Subordinate Services District Cadre subject to terms and conditions laid down therein. The appointment is to take effect after lifting of the ban imposed by the Government on recruitment of lady teachers in BPS-9, after summer vacation.

2. Learned counsel for the petitioner submits that the imposition of ban is not relevant in the instance case, in that, the previous appointment was made on 27-6-1986, restoration of which has been sought for by the petitioner, prior to the imposition of ban. When confronted with this, the learned Addl. Advocate-General submits that the Secretary Education has already sent the case to the competent authority for relaxation of ban in the peculiar facts and circumstances of the case and the decision is likely to be taken very shortly. In case, the decision is not taken within 90 days by the competent authority, the petitioner may again approach this Court. With these observations, the writ petition is disposed of.

M.Y.H./M-2379/L Petition allowed.

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