Law:

Section:

Constitution of Pakistan, 1973---- --------Art. 10-A & 199----Constitutional petition----Appointment on contract basis----Termination----Wrongly recruited by competent authority----Ages were less than 20 years on closing date of submission of applications----Validity----Both parties are to be regulated according to terms and conditions of contract executed between parties, therefore, termination of petitioners is against spirit and terms and conditions of contract----Wrong and irregular appointment of petitioners on basis of contract by competent authority which, subsequently turned into termination----Action will be taken against officers who made wrong appointment, but petitioners would not be penalized for wrong action of officers/delinquents----Termination of petitioners is against spirit and Constitutional guarantee of Constitution----Petition was allowed. THIS ORDER PASSED BY: ALI AKBAR QURESHI, JUSTICE:---.--- The petitioners who were appointed by the respondent-department as SESE and ESE after completing all codal formalities on contract basis, in education department have been terminated on the ground, that the required age at the time of appointment was 20 years whereas the petitioners were less than the age required and advertised by the respondent-department. 2. In response of the notice, the respondent-department filed report and para-wise comments wherein it is stated, that the petitioners were recruited wrongly by the competent authority as the minimum age limit for recruitment as Educator was 20 years, whereas, the ages of petitioners were less than 20 years on closing date of submission of applications i.e. 5.12.2011. However, the respondent-department has not denied, that the petitioners fulfill the requisite educational qualification and at the time of filing the applications mentioned their correct ages i.e. less than 20 years, the petitioners are working for the last 4 to 5 years and the fact of ages of less than 20 years of the petitioners came into the knowledge of the respondents-department when the petitioners filed applications for regularization. 3. The Special Secretary Schools, Imran Sikandar Baloch and District Coordination…

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