2004 PLP (C (PLC(CS))

Syed Samar Hussain for Petitioners. M.M. Afzal for Respondent. The petitioners were employed in the service of the defunct Municipal Committee, Jaranwala as PTC, teachers. Their services were however, terminated vide order dated 13-3-1997. They approached this Court in Writ Petition No.7044 of 1997. It was disposed of on 4-5-1998 with the observation that the petitioners may make application to the concerned officer which will be decided after hearing the petitioners. Pursuant thereto, the then Administrator, Municipal Committee, Jaranwala passed order dated 6-12-1998, according to which a list of selectees of the Recruitment Committee will be maintained in the Municipal Committee, Jaranwala and against a vacancy which may be available on superannuation or otherwise "the petitioners will be adjusted in order of the list approved by the Committee on turn by turn basis". Through this writ ,petition a direction is sought for compelling the respondent to act upon the aforesaid order.

2. Report and parawise comment., were initialiy submitted on behalf of .the Administrator Municipal Committee, Jaranwala parawise comments have also been .submitted by Tehsil Nazim. Tehsil Municipal Administration, Jaranwala. It has been stated by him that in accordance with the Government Policy, all schools have- been transferred to the District Government w.e.f. 1-7-2002 and therefore, the Tchsill Administration (successor of Municipal Committee, Jaranwala) cannot appoint any teacher in a Primary School. In the report dated 12-1-2002 submitted by Tehsil Nazim in obedience to the order dated 21-11-2002 of this Court, it has been stated that appointment of the petitioners could not be made due to non-availability of the vacancies as well as due to the ban on recruitment imposed by the Government of the Punjab. It was also pointed out that section 184 of the Punjab Local Government Ordinance (No. XIII of 2001) contemplates 'a complete ban on fresh I recruitment except with the express sanction of the Government.

3. Faced with this situation, the learned counsel for the petitioners contends that they are before this Court to seek their reinstatement and therefore, it is not a case of fresh appointment.

4. The contention has no merit because the orders of termination of their services were challenged by the petitioners in Writ Petition No 7044 of 1997 but relief of the reinstatement was not granted to the which shall be deemed to have been refused. A direction to implement 12 the order dated 6-11-1998 cannot be issued because not only the Tehsil Administration is not running the schools, section 184 of Punjab Ordinance No.XIII of 2001 also stands in the way of the petitioners.

5. This writ petition is dismissed. H.B.T./A-997/L Petition dismissed.