Law:

Section:

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974-------R.4---Civil service---Appointment---Cancellation---Appointment of civil servants and their subsequent adjustment in their Home Markaz was called in question in Constitutional petition which was allowed by High Court declaring appointments of civil servants to be without lawful authority and ab initio void---Validity---Evidence on record had proved that civil servants were appointed by Competent Authority after observation of all formalities and not by order of Minister concerned as alleged by respondents---Record shad also shown that civil servants were fully qualified to be appointed for respective posts and it was nobody's case that they did not have merits to be appointed---Initial irregularities, in appointment, if any, having been rectified by Competent Authority, even before institution of Constitutional petition by respondents, cancellation of appointments of appellants, declaring ab initio void, through issuance of a writ, was not warranted---Order of High Court passed in Constitutional petition was set aside by High Court in Intra-Court appeal. Noor Muhaminad Awan for Appellants. Muhammad Zaheer Butt for Respondent No.5. Aftab Raheem for Respondent No.6. Date of hearing: 26th October, 1999. JUDGMENT M. JAVED BUTTAR, J.---The appellants are residents of Tehsil Kamalia, they were appointed as P.T.C. teachers in Tehsil Toba Tek Singh in 1995 and as their appointments were not made in accordance with the rules whereunder the appointments were to be, made Markaz/Tehsilwise, therefore, the Education Department Government of the Punjab, vide its order, dated 26-3-1996 adjusted the appellants in their Home Markaz/Tehsil i.e. Kamalia. The respondents 5 and 6, Muhammad Zahid Hussain and Muhammad Ramzan called in question the appellants' appointments as P.T.C. teachers and their subsequent adjustment in Tehsil Kamalia through Writ Petition No.5535 of 1997 which was allowed by a learned Single Judge of this Court on 1-10-1997 and the appointments of the appellants were declared to be without lawful authority and the respondents 1 to 4 were directed to fill in the vacancies afresh in…

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