| Citation(s) |
|---|
| 2026 SLG 90 2026 SLD 90 = 2025 LHC 477 = 2026 PLC 843 |
W.P. No.696 of 2020
PRESENT; (JAWAD HASSAN) JUDGE
Date of Hearing: 25.02.2025 Petitioner by: Rai Azhar Iqbal Kharal, Advocate with M/s. Hafeez-ur-Rehman Syed and Ibrar Sarwar Awan, Advocates
Respondent by: Mr. Abid Aziz Rajori, Assistant Advocate- General. Mr. Umair Shahid, Advocate/Legal Advisor TEVTA
Saima Naureen
VERSUS
Government of the Punjab, etc.
Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974
Section: 16
Law: General Clauses Act, 1897
Section: 24-A
Law: Constitution of Pakistan, 1973
Section: 3, 4, 9, 14, 18, 37, 38, 240, 242, 199
Summary
The Lahore High Court allowed the third writ petition and set aside both the termination order dated 14.06.2018 and the subsequent impugned order dated 09.08.2019 passed by TEVTA authorities. The Court held that the Petitioner had successfully completed her probation period, therefore her termination under Clause-A of the appointment letter was unlawful. The Respondents failed to comply with binding judicial directions issued earlier, acted in violation of statutory service regulations, and passed the impugned order without lawful authority. The Court invoked the doctrine actus curiae neminem gravabit to rectify the prejudice caused due to an earlier judicial oversight. Directions were issued for reinstatement, regularization, and payment of all outstanding salaries and benefits.
Tag Line
Termination after successful completion of probation without due process and in defiance of binding court directions is void; no employee shall suffer due to court’s own procedural mistake (actus curiae neminem gravabit).
ORDER;