2003 PLP (C (PLC(CS))
ZULFIQAR ALI and another Versus SECRETARY EDUCATION, GOVERNMENT OF PUNJAB, CIVIL SECRETARIAT, LAHORE and 3 others
| Citation | 2003 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Ijaz Ahmad Chaudhry, J |
| Parties | ZULFIQAR ALI and another Versus SECRETARY EDUCATION, GOVERNMENT OF PUNJAB, CIVIL SECRETARIAT, LAHORE and 3 others |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 2003 PLP (C (PLC(CS))?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Ijaz Ahmad Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP (C (PLC(CS)) (ZULFIQAR ALI and another Versus SECRETARY EDUCATION, GOVERNMENT OF PUNJAB, CIVIL SECRETARIAT, LAHORE and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pervaiz Inayat Malik for Petitioners.
- M. Bilal Khan, Addl.A.-G. with Shama Zia, S.O. for Respondent.
- Date of hearing: 12th August, 2002.
- 3. Learned Additional Advocate-General on the other hand states according to the reply submitted by the respondents that there are other 28 teachers whose appeals have been accepted with the direction to re-instate them and also to initiate the proceedings by the Department under the E&D Rules afresh and the proceedings have been initiated and the petitioners' case will be finalised and their, case will not be affected by the appointments on contract basis.
Headnotes / Summary
Civil servants who were appointed as P.T.C. Teachers had been removed from service after about four years from their appointment
On filing appeal against their removal from service civil servants were directed to be reinstated in service, but Authority before finalizing case of reinstatement, had advertised for appointment of teachers on contract basis
Civil servants should not be affected by fresh appointment orders if issued to teachers appointed on contract basis and judgment of Service Tribunal whereby civil servants were reinstated in service would be implemented before filling posts by fresh appointees.
Judgment & Decree
Pervaiz Inayat Malik for Petitioners. M. Bilal Khan, Addl.A.-G. with Shama Zia, S.O. for Respondent. Date of hearing: 12th August, 2002. Through this Constitutional petition the petitioners seek setting aside of impugned notification dated 28-5-2002 and pray for its suspension.
2. Brief facts of the, case are that the petitioners were appointed as P.T.C. teachers in the year 1995 and. subsequently their services were removed vide order dated 20-8-1999. The petitioners tiled an appeal before the Punjab Service Tribunal which was accepted vide order dated 31-10-2002 and the petitioners were directed to be re-instated in service. The petitioners' case had not been finalised for reinstatement when the Government of Punjab has advertised for the appointment of the teachers on contract basis and the grievance of the petitioners is that without re-instating the petitioners on the posts against which the petitioners were re-instated the posts have already been re-advertised.
3. Learned Additional Advocate-General on the other hand states according to the reply submitted by the respondents that there are other 28 teachers whose appeals have been accepted with the direction to re-instate them and also to initiate the proceedings by the Department under the E&D Rules afresh and the proceedings have been initiated and the petitioners' case will be finalised and their, case will not be affected by the appointments on contract basis.
4. I have heard the learned counsel for the parties and perused the report and comments. The petitioners should not be affected by the fresh appointment orders if issued to the teachers appointed on contract basis and the judgment of the Punjab Service Tribunal will be implemented has to be kept in mind by the Department before tiling of the posts. This petition stands disposed of: H.B.T./Z-125/L Order accordingly.