2005 PLP (C (PLC(CS))

The petitioners are employed as the Teachers at the respective schools, under a contract and as per terms and conditions thereof, their services can be terminated by either serving one month's notice by either side or paying one month's salary in lieu thereof. These contractual employments are still in vogue, which the Education Department has advertised certain other posts at different schools in the same District to be filled on the basis of the contract. The advertisement in this behalf (Annexure-A), contains a condition, that the teacher already on contract, cannot apply for these posts.

2. On the last date of hearing, when the matter came up for hearing, the representatives of the Education Department conceded, that such bar has not been put by the Education Department as there is no rule or policy, to debar the candidates, who are already working somewhere else on the contract basis, for seeking appointment afresh. However, the E.D.O. (E) Mianwali, the representative of the DCO/respondent No.1, has appeared today and explained, that it is the policy regarding the District management, that a person on the contract, cannot be permitted to seek re-employment as per his convenience, because this shall cause practical difficulties in filling up the earlier posts, which shall be relinquished by such employees. However, he concedes, that if the petitioners are prepared to resign, obviously they can be considered, as has been done in the cases of some other candidates.

3. When questioned, learned counsel- for the petitioners states, that his clients are not prepared to resign; however by relying upon conditions Nos.4 and 8 of the contracts, it is stated that they have a vested right to tender their resignations at their own will and cannot be compelled in this fashion.

4. I have beard the learned counsel for the parties and find, the petitioners are already working on the contract basis at certain schools in the same District with the same department. Had it been their bona fide intention to improve their position and status by competing for a higher post, obviously such bar should not come in their way. But simply for the reason that by seeking the new job, they shall be conveniently closer to their residences, and therefore, should be allowed to contest; if they succeeded they shall resign from the previous job otherwise not; this scenario in my view shall definitely create a predicament, because the previous posts, shall stand vacant, for which the new process of recruitment shall have to be initiated. And if this practice continues c every now and then, there shall be no permanency to the system, and this ad hocism shall not only be against the interest of the institution of' education in general, but the students of a school in particular. Therefore, I do not find this to be a fit case for the exercise of my Constitutional discretion. However, if as mentioned by the EDO(E), the petitioners within a week from today, resign from their jobs and want to participate, there shall be no bar in considering their cases. In the light of above, this petition is disposed of. H.B.T./A-459/L Order accordingly.