Full Judgment Text & Judicial Ruling

1991 P L C (C

1991 P L C (C.S.) 526

[Lahore High Court]

Before Irshad Hassan Khan, J

SAIFUR REHMAN

Versus

DISTRICT EDUCATION OFFICER (W), JHANG and 4 others

Writ Petitions Nos. 6599, 6601, 6602 and 6648 of 1989, heard on 27th January, 1991.

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

----S. 10----Termination of service---Services of petitioner, Class IV employee of Education Department, were terminated on telephonic instructions of Director of Education and without assigning any reason or providing an opportunity of being heard and without applying his own independent mind to the question of termination of services---Constitutional petition in an identical case was accepted by High Court and in another petition Additional Advocate-General made a statement that Government had withdrawn impugned order of termination of services of Class IV Employees of Education Department---Held, petitioner was also entitled to benefit of withdrawal of transfer orders---Order of transfer of petitioner was quashed and services of petitioner restored without back benefits.

Lai Khan Baloch for Petitioner.

Farooq Bedar Addl. A.-G. with Abdul Samad Hashmi for Respondents.

Date of hearing: 27th January, 1991.

JUDGMENT

This judgment shall dispose of Writ Petitions Nos. 6599/89, 6601/89, 6602/89 and 6648 of 1989.

2. The petitioners are Class IV employees of the Education Department. On 2h-2-1989 the District Education Officer (Women), Jhang, terminated their services at the telephonic instructions of the Director Education (Schools), Faisalabad Division without assigning any reason and without providing an opportunity of being heard to the petitioners and without applying his own independent mind to the question of termination of the services of the petitioners

3. In identical cases, Writ Petition No. 1575 of 1989 has been accepted. In Writ Petition No. 6401 of 1989 Mr. Farooq Bedar, the learned Additional Advocate-General made a statement on 30-1-1990 that the Government of the Punjab had withdrawn the impugned order of termination of Class IV employees of the Education Department. This being so, the petitioners are also entitled to the benefit of withdrawal.

4. The result is that the impugned order is quashed. The services of the petitioners stand restored with immediate effect without back benefits. To this extent the writ petition is accepted with no order as to costs.

M.Y.H./S-860/L Petitions allowed.

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