Case Details

Citation(s)
1980 SLG 1379 1980 SLD 1379 1980 PLC 364
Service Tribunal, Punjab
Appeal No. 209,1347 of 1978, decided on 6th January, 1980.
M. SALEEM CHAUDHRY, CHAIRMAN, MAZHAR MUNIR AND S. HAFEEZ-UR-REHMAN, MEMBERS

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Miss SHAUKAT MAHMOOD

VS

SECRETARY TO GOVERNMENT, PUNJAB, EDUCATION DEPARTMENT

Law:

Section:

Civil service- -- Termination of service without show cause and defence opportunity- Violative of principle of natural justice--Service of Teacher of Private School on nationalisation nationalised-Service terminated subsequently on grounds that she lead resigned prior to nationalisation-Alleged resignation denied and contention that appellant was merely on leave without pay---Appellant in circum­stances, held, must be given opportunity to rebut evidence relating to alleged resignation-Termination order set aside--Punjab Service Tribunals Act (IX of 1974), S. 4. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-Miss Shaukat Mahmood was employed by the Manager of the Government Kashmir primary Girls, School, Shalimar Town Lahore, on 8th April, 1971 as an untrained teacher on a monthly salary of Rs. 100. She applied and was selected for training for the Primary Teaching Course for which the Management of the School granted her leave without pay from 1st October, 1971 till the expiry of the course. On expiry of the course she reported for duty on 1st November, 1972. She was advised by the Headmistress to approach the District Inspectress of Schools, Lahore. The appellant was allowed to resume duty in. the School in pursuance of order No. 1150 dated 5th May, 1973. The appellant resumed duty on 7th May, 1973. This order seas passed on Government orders conveyed to the Director of Education vide letter No. S. O. (NS) 6-15/73 dated. 4th May, 1973 nationalizing the services of the appellant. The appellant served until the impugned order dated 29th September, 1977 received by her on 8th October, 1977…
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