Case Details

Citation(s)
2011 SLG 1648 2011 SLD 1648 2011 PLC 331
Lahore High Court
Writ Petition No.17986 of 2010, decision dated: 29-10-2010.
CH. MUHAMMAD TARIQ, J

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GHAZANFAR ABBAS and 2 others

VS

DISTRICT EDUCATION OFFICER (COLLEGES), SIALKOT and 2 others GHAZANFAR ABBAS and 2 others vs DISTRICT EDUCATION OFFICER (COLLEGES), SIALKOT and 2 others

Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Appointment---Termination of service---Petitioners were appointed by competent authority on the recommendations of Departmental Selection Committee after performing all formalities---Petitioners started performing their duties and accordingly the department had been paying the monthly salaries and other benefits to the petitioners--Services of the petitioners were terminated simply on the ground that some irregularities were committed by the department during process of appointment of the petitioners---Ground on basis of which the petitioners' services were terminated, was misconceived, because the department could not punish the petitioners for the lapses caused by it; and appointing authority was responsible to face the consequences of its lapses---If appointment of an employee was made illegal same could not be cancelled and instead of taking action against the employee; action must have been taken against the appointing authority for committing a misconduct by making illegal appointments---Petitioners, who otherwise were eligible, could not be penalized for the .act of department---Constitutional petition was allowed. Province of Punjab through Secretary Agriculture, Government of Punjab and others v. Zulfiqar Ali 2006 SCMR 678 ref. Mahmood Ahmad Qazi for Petitioners. Rana Shamshad Khan, A.A.-G. with Naseer Ahmad Shah, D.E.O. (Colleges), Sialkot for Respondents. ORDER CH. MUHAMMAD TARIQ, J.- Learned counsel for the petitioners contends that the petitioners being fully eligible applied for the post of "Library Clerk" (BS-7) in pursuance of advertisement. Thereafter, on the recommendations of Departmental Selection Committee, Education Department, Sialkot, the petitioners were selected against the vacant permanent posts of "Library Clerk" (BS-7) and were posted at Government College for Women, Daska, vide appointment letter dated 28-10-2008. Order of appointment was passed by the Districts Education Officer (Colleges) Sialkot, being the competent authority. The petitioners are fully eligible for the post who have been performing their duties diligently and honestly but the…
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