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Petitioner: NASIR ALI VS Respondent: DISTRICT EDUCATION OFFICER (W), JHANGHonorable Justice Tanvir Ahmed KhanMasood Mirza,Farooq Bedar,
1993 P L C (CS
1993 P L C (CS.) 1086
[Lahore High Court]
Before Tanvir Ahmed Khan, JJ
NASIR ALI
versus
DISTRICT EDUCATION OFFICER (W), JHANG and 5 others
Writ Petition No. 8913 of 1991, heard on 13th February, 1993.
Civil service‑‑‑
‑‑Termination of service‑‑‑Reinstatement‑‑Employees who joined their services in accordance with law, were performing their dudes at their respective places of posting, but their services were terminated by officer concerned simply on telephonic direction issued by higher Authority although there was no adverse report against them‑‑‑Vested right had accrued to employee to continue in service until it came to an end in accordance with law‑‑‑Such valuable right could not have been taken away simply on a telephonic direction‑‑‑Public functionaries were required to perform their duties strictly in accordance with law and not to play with rights of people in a manner as had been done in the case‑‑‑Order of termination passed in arbitrary manner and without application of mind, could not be sustained.
Masood Mirza for Petitioner.
Farooq Bedar, Addl. A.-G. for Respondents.
Date of hearing: 13th February, 1993.
JUDGMENT
This judgment would dispose of Writ Petitions Nos. 8913/91, 7304/90. 1092/91, 8867/90, 8868/90, 13869/90, 3261/91 and 3200/92 as common questions of law and facts are involved m them. The writ petitioners in all these writ petitions are Class‑IV employees and were appointed through order dated 17‑1‑1989 issued by the District Education Officer (Women), Jhang. They joined their respective places of posting and started performing their duties without there being any adverse report. Grievance has been voiced that their services have been terminated by the respondent/District Education Officer simply on a telephonic direction issued by the Director Education Schools, Faisalabad Division, Faisalabad.
Learned counsel for the petitioners as well as Additional Advocate General Mr. Farooq Bedar have been patiently heard. It is not denied that the services of the petitioners were terminated on telephonic direction of the Director, Education Schools, Faisalabad.
This Court has already accepted Writ Petitions Nos. 2345/90 and 2333/90 raising similar issues. Another learned Judge in a similar matter has allowed Writ Petition No. 6599/89 on 27‑1‑1989. It is not denied that the petitioners joined their services in accordance with law and as a consequence thereof a vested right accrued to them to continue in service until it comes to an end in accordance with law. The valuable right accrued to them could not have been taken away in this manner simply on a telephonic direction as has been done in these cases. The orders of their termination have been passed clearly in an arbitrary manner violating the law without application of mind. Public functionaries are required to perform their duties strictly in accordance with law and not to play with the right of the people in this manner as has been done in these cases with Class‑IV employees. The impugned orders of termination ex facie appear to be arbitrary and mala fide. Accordingly, writ petitions are accepted and the impugned orders are hereby set aside. The writ petitioners are reinstated in the services without back benefit. There shall be, however, no order as to costs.
H.B.T./N‑132/L Petitions accepted.