2008 PLP (C (PLC(CS))

This order covers Constitutional Petitions Nos.D-1995 of 2007, 2148 of 2007 and 2535 of 2007 preferred by the petitioners seeking following prayers: (a) Declare the impugned orders of redesignating the post of Learning Coordinators as Primary School Teacher is arbitrary, void ab initio illegal and coram non judice and set aside/quash the said orders. (b) Declare that the petitioners who are working in PBS-16 are entitled to be redesignated as Secondary School Teachers instead of Primary School Teachers. (c) Restrained the respondents, their officers, subordinates and/or anybody else claiming through or under them from implementing and/or giving any effect to the impugned order dated 29-8-2007. (d) Suspend the operation of the impugned order dated 29-8-2007, passed by the concerned respondents, 'pending the final disposal of the above petition. (e) Any other relief(s) deemed fit any proper in the circumstances of this case may also be granted in the interest of justice. Succinctly the facts leading to the petition are that the petitioners were serving in the Education and Literacy Department Government of Sindh as Learning Coordinators from the last several years. They were selected and posted as such since 1987 and 1989. Some of the petitioners were awarded PBS-16 by the competent authority upon clearance from the Department Promotion Committee while the remaining 'petitioners were serving in PBS-11 to the entire satisfaction of the employers. It is averred that the respondent No.2 vide order dated 29-8-2007, re designated the post of Learning Coordinator in School as Primary Teacher and the officials posted as such were reverted to their original positions as Primary School Teachers. Pursuant to the above order, the respondent No.2 issued order whereby all officials posted as learning coordinators were reverted to their original positions and their services were placed at the disposal of the Assistant District Officer concerned for their eventual posting as Primary School Teachers. Mr. Abdul Mujeeb Pirzada, learned counsel for the petitioners contends that the petitioners were selected and posted as learning Coordinators in PBS-11. Some were awarded BPS-16 and had served on such posts for considerable periods, therefore, these could not be reverted to lower posts, which otherwise is a method for punishment. He argues that the impugned order re-designating the posts of Learning Coordinators as Primary School Teachers is patently illegal as the petitioners were already working on the posts of BPS-16 and BPS-11 by virtue of their selections and postings and acquired legal vested rights to hold such posts. It is next urged that the petitioners have been condemned unheard and that no show-cause notice was issued prior to their reversion. Respondent No.2 in the counter-affidavit states that contents of the petition were partially admitted to the extent that petitioners were posted as Learning Coordinators and that some were awarded BPS-16 as per policy of the Government in vogue, but alleges that their performance was not up to the mark and was found unproductive, and that throughout the province the posts of Learning Coordinators were abolished/reverted to their original position, vide order dated 29-8-2007. Further, that the Learning Coordinators officers were appointed on a temporary arrangement and were reverted with their pay and personal grade 'being protected, therefore no financial loss was caused to the petitioners. We have considered the arguments advanced at bar and perused the record of the case. For the sake of convenience impugned order dated 29-8-2007 is reproduced hereinbelow: Government of Sindh Education and Literacy Department Karachi, dated 29th August, 2007 ORDER No. S.O.(S-IV) C.M.-08/2007. The Government of Sindh is pleased to. redesignate all post of Learning Coordinators (LCOs) in Schools as Primary School Teachers. All officials posted as. LCOs will stand reverted to their original positions as PSTs. Their personal grades will not be affected by this order. Sabhago Khan Jatoi Secretary to Government of Sindh Contention raised on behalf of the respondent depicts that by virtue of temporary arrangement the petitioners were posted as Learning Coordinators, which posts were abolished under the decision of the Chief Minister Sindh on 18-8-2007 and on the abolition of the post, the services of the affectees were neither terminated nor declared surplus, but their pay and personal grade were protected and therefore they did not sustain any financial loss. The petitioners, it is argued, were neither appointed nor promoted and therefore their demand to post them on post equivalents to their personal grades, seems illogical and not in conformity with law. Learned counsel for the petitioners has pointed out an advertisement published in daily Ibrat dated 27-1-2008, which depicts that Education and Literacy Department had invited applications for appointment as Learning Coordinators in PBS-11 in Government Girls Community Model Schools working under Sindh Government, therefore, the petitioner could not be discriminated on the grounds that the post of Learning Coordinators were unproductive and hence be abolished by the competent authority. Such posts, he argues, which were re-designated as Primary School Teachers by such order was void ab initio, illegal, and coram non judice, as according to him, the petitioners who were serving in PBS-16, were entitled under law to be re-designated as Secondary School Teachers instead of Primary School Teachers and the reversion of the petitioner of BPS-7 had no legal sanctity. In view of the statement of Ms. Haleema Khan, Additional Advocate-General, we are of the view that the impugned order directing the petitioners to be reverted to their original positions as Primary School Teachers, as their personal grades would not be affected, suggests that those who are enjoying BPS-16 are entitled to work as Secondary School Teachers and those serving in BPS-11 are entitled to be appointed as Primary School Teachers in their own grades and pay, to which they were entitled to on the date of filing of the petition. In view of the above circumstances, C.P. Nos. D-1995 of 2007, 2148 of 2007 and 2535 of 2007 are allowed to the above effect and the respondent No.2 is directed to implement the above order in letter and spirit as applicable to the case of each petitioner for adjusting them in their own grade and pay admissible to them under the law petitions stand allowed in above terms with no order as to costs. S.A.K./M-71/K Petition accepted.