Case Details

Citation(s)
1989 SLG 1860 1989 SLD 1860 1989 PLC 677
Lahore High Court
Writ Petitions Nos. 803, 804, 835 and 768 of 1989/BWP, heard on 8th July, 1989.
MUHAMMAD MUNIR KHAN, J

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MUHAMMAD AFZAL

VS

THE DISTRICT EDUCATION OFFICER (FEMALE), RAHIMYAR KHAN and 2 others

Law:

Section:

Civil service-- --- Termination of service--Services terminated on the advice of Minister of the department--Authority did not apply its independent mind, while terminating services--Legality--Authority had not applied its mind independently to the question of termination of services of employee and had virtually obeyed the directions given by the Minister, who was not an Authority for the termination of services--Order of termination also seemed to be arbitrary one, because all appointments made of Class IV employees or other employees in B.S. 1 on or, after 1-1-1989 in the educational institutions, (Primary/Middle/High Schools) to which category of service, petitioners belonged, had simultaneously and arbitrarily been terminated/cancelled without examining the case of the individual employee--Order of termination of services, passed by the Authority was thus declared to be without lawful authority and of no legal effect. Malik Sajid Feroz for Appellant. Shaheen Masood Rim, A.A.-G. for Respondents. Date of hearing: 8th July, 1989. JUDGMENT As identical questions of law and facts are involved in the four Writ Petitions Nos. 803 of 1989 filed by Muhammad Afzal, 8114 of 1989 by Muhammad Arshad, 835 of 1989 by Mukhtar Ali and 768 of 1989 by Ashiq Hussain petitioners, so I propose to dispose of them through single judgment. 2. The facts leading to these petitions briefly are that the aforesaid petitioners are class-IV employees in Education Department. District Education Officer, respondent No.1 terminated/cancelled the services/appointments of Muhammad Afzal on 28-1-1989, Muhammad Arshad on 28-2-1989, Mukhtar Ali on 1-3-1989 and of Ashiq Hussain on 28-5-1989, hence these petitions. 3. The learned counsel for the petitioners…
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