Law: Constitution of Pakistan, 1973

Section: 199

Law: Punjab Boards of Intermediate and Secondary Education Act, 1976

Section: 10

(a) Constitution of Pakistan (1973)---   ----Art. 199---Constitutional petition---Alternate remedy, availability of---Non-suiting petitioner on such ground---Scope stated.   The alternate remedy, if it is not efficacious or speedy, and if the grievance of the aggrieved person is of such serious in nature, that it could only be resolved through the process of law by a competent Court of jurisdiction, then aggrieved person cannot be non-suited on this score.    (b) Punjab Board of Intermediate and Secondary Education Act (XIII of 1976)---   ----S. 10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Book-Binders/Daftries of Board in BPS-2---Selection grade of BPS-4, grant of---Withdrawal of such selection grade after two months of its granting on basis of audit objection raised by Finance Department of Punjab Government---Validity---Notification of Punjab Government dated 7-9-1995 granting benefit to its Daftries was applicable to Boards employees as same had been adopted by Board by passing order dated 19-1-2001---Order granting selection grade to petitioners passed by competent authority of Board had been implemented in letter and spirit resulting into accrual of lawful right in their favour, which could not be rescinded or recalled on observation or direction of Finance Department, which had nothing to do with affairs of the Board---Impugned order had been passed on some extraneous consideration---High Court accepted constitutional petition and declared impugned order to be illegal and without lawful authority. ORDER HAFIZ TARIQ NASIM, J.--- The backdrop of this writ petition is that the petitioners being employees of Scale No.2 of the Board of Intermediate and Secondary Education, Faisalabad, were granted Grade-4 on the strength of Government Notification dated 7-9-1995 and the benefit, which was granted to the petitioners through order dated 19-1-2001 was availed but unfortunately through order dated 10-3-2001, the order dated 19-1-2001 is withdrawn which caused a serious prejudice to the petitioners. 2. The learned counsel for the petitioners submits that according to section 10 of the Punjab Board of…

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