2005 PLP (C (PLC(CS))

Sonehra Begum, former SV Teacher, Government Girls High School, Chakri, Rawalpindi has come in appeal bringing in challenge order dated 26-2-2004, whereby the District Education Officer (W-EE), Rawalpindi withdrew the orders of grant of SV grade upon the appellant, in pursuance of which, her salary was stopped on 29-3-2004 by the same officer. Departmental representation addressed to the Executive District Officer (Education), Rawalpindi dated 28-4-2004 sent through registered post was not attended to within the statutory period, hence the present appeal.

2. The appeal was taken up on 13-10-2004 by the Tribunal at Rawalpindi, and the appellant was ordered to deposit registered postal envelopes along with memorandum of appeal within seven days to enable the office to issue process. The orders was complied with and the office issued registered notices to the Executive District Officer (Education), Rawalpindi and District Education Officer (W-EE), Murree Road, Rawalpindi on 26-10-2004 for appearance before the Tribunal on 26-11-2004. On 26-11-2004, Mrs. Rubina Shaheen, A.E.O., Rawalpindi appeared as departmental representative and sought time to submit comments. Time was allowed to tender objections/comments on behalf of respondents on or by 17-12-2004. On 17-12-2004, Mrs. Rubina Shaheen, A'.E.O., Rawalpindi was absent, therefore, the District Accounts Officer, Rawalpindi was directed not to pay her salary for the months of February and March, 2005, The appeal was admitted to regular hearing, and the officer was directed to send registered notice to the respondents to put in appearance along with record, as the appeal was to be argued on the said date. On 27-10-2005, the Tribunal could not assemble at Rawalpindi, however, the Clerk present marked the present of learned Advocate for the appellant and Mrs. Rubina Shaheen, Assistant Education Officer, Rawalpindi. She was told, as the record shows the case was adjourned to 3-3-2005 for arguments. Today, no one is present on behalf of respondents. I am not prepared to adjourn the case due to the contumacious conduct of the respondents as not only they have failed to put in appearance, but comments also have not been filed.

3. Appellant was inducted in service as PTC Teacher on 5-5-1986 after having been selected by the Departmental Selection Committee, being a Graduate along with possession a B.Ed. degree. Appellant along with nine others were awarded S.V. grade in BS-9 on the basis of 50%, quota of S.V. Teachers reserved for in-service candidates. Appellant was thereafter posted at Government Girls High School, Chakri, Rawalpindi, and the entry was made in her Service Book. The order of award of S.V. Teacher was implemented for all intents and purposes but, without any intimation to the, appellant on the verbal directions of the Executive District Officer (Education), Rawalpindi in the meeting dated 23-2-2004 and 25-2-2004, referred to in the endorsement of the order dated 26-2-2004, the District Education Officer (W-EE), Rawalpindi unilaterally withdrew the S.V. grade awarded to the appellant with effect from 31-1-2004, and in consequence thereof, the appellant along with others on 29-3-2004 was directed to refund the salary of S.V. Teacher. Appellant's appeal to the Executive District Officer (Education). Rawalpindi did not elicit any response within the statutory period.

4. Learned counsel for the appellant contended that the appellant on the basis of her seniority and qualification was fully eligible to the grant of S.V. grade according to the 50% quota of in service Teachers, and without any rhyme or reasons, the same was withdrawn unilaterally on the basis of verbal directions of Executive District Officer (Education), Rawalpindi. This occasioned a great failure of justice and required reversal., Learned District Attorney on the other hand could not support the orders, and candidly conceded that the order was totally in violation of the principles of natural justice.

5. The respondents despite service through registered post, made an appearance, but failed to submit comments, and their obduracy continued thereafter in failing to put in appearance and defend the case, although they were asked twice in their own interest to assist the Tribunal.

6. The grant of S.V. grade having been withdrawn unilaterally cannot stand the test and rigours of law, as such order dated 26-2-2004 along with order dated 29-3-2004, both passed by District Education Officer (W-EE), Rawalpindi are quashed and set aside. Appellant shall continue to work as S.V. Teacher and no deduction in salary would be made from her. H.B.T./44/PST Appeal allowed. ***