Law: Punjab Office of Ombudsman Act, 1997

Section: 2,32

Law: Constitution of Pakistan, 1973

Section: 199,4

Punjab Office of the Ombudsman Act (X of 1997)--- ----Ss. 2 & 32---Punjab Educators Recruitment Policy, 2012---Notification No.SO(SE-IV)2-43/2011 dated 5-6-2012---Constitution of Pakistan, Arts.199 & 4---Constitutional petition---Civil Service---Appointment---Non-implementation of order of the Provincial Ombudsman---Violation of Punjab Educators Recruitment Policy, 2012---Petitioner, in pursuance of advertisement applied for the post of Educator and stood at Serial No.29 of the merit list---Out of sixteen posts three posts could not be filled---Petitioner sought her appointment in the light of the Punjab Educators Recruitment Policy, 2012, wherein it had been stipulated that the posts still not filled were to be offered first to the candidates who stood next in the merit list finalized in 2011---Petitioner's request for issuance of appointment letter was refused by the Authority on the plea that she had missed the bus and could not take benefit of the Recruitment Policy as no post was lying vacant---Petitioner submitted an application to the office of the Provincial Ombudsman, which was accepted---Aggrieved by the same Authority made a representation to the Governor under S.32 of the Punjab Office of the Ombudsman Act, 1997, which was dismissed, therefore, the Authority filed review petition and which was also turned down on the ground that no review was provided under the law---Contention of the petitioner was that the order of the Provincial Ombudsman was not being implemented by misapprehending and misconstruing the Notification of the Punjab Educators Recruitment Policy, 2012---Validity---Notification regarding the Punjab Educators Recruitment Policy, 2012 was duly considered by the Provincial Ombudsman, but he disagreed with the respondents regarding construction to be put on it, therefore, he censured the respondents for misapprehending and misconstruing the said Notification declaring their act to be falling within the purview of "maladministration" as defined in S.2 of the Punjab Office of the Ombudsman Act, 1997---In any civilized society, the anguish, agony and mental torture the petitioner was put through would have come to an end, but…

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