Law:

Section:

Punjab Service Tribunals Act (IX of 1974)------S.4--Termination of service---Principle of audi alteram partem Violation of---Appointment of untrained teachers---Termination by omnibus order---Appointment was made by way of general policy and the civil servant had qualified for the regular post by improving her qualification subsequently which was regularized---Order of termination was recalled earlier by the same authority but subsequently by omnibus order the same authority directed termination of all such teachers who were appointed through fake certificates or by relaxation of rules and services of civil servant were also terminated---No opportunity was provided to the civil servant to prove that her appointment in the first instance was made in pursuance of the general policy and secondly by dint of her hard work she had qualified to be regularized in her post---Civil servant had been condemned unheard and principle of equity as enshrined in the maxim audi alteram partem was violated---Where appointment was made by the Authority otherwise competent to do so, the fault lay with the department and the civil servant could not be blamed for the same---When decisive steps were taken they could not be retraced---Order passed by the Authorities was set aside and the civil servant was reinstated with back benefits in circumstances. Rizwana Anjum Mufti for Appellant. Khadim Hussain Sindhu, District Attorney for Respondent. Date of hearing: 16th August, 2001. JUDGMENT Mst. Anees Aziz, passed her Matriculation Examination in the year 1990 and also successfully completed P.T.C. Course/Examination in the year 1992. In order to meet the immediate needs of the World Bank who had funded amount for 7000 vacant posts of P.T.C. Teachers for the year 1990, it was decided by the Government that untrained matriculate candidates be appointed as P T.C. Teachers immediately till trained teachers are available. In consequence of this directive, the Government geared up-its resources and appointed candidates who were matriculate as P.T.C. teachers with the direction. either to improve their qualifications or continue till such time as qualified teachers are available. It is in this…

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