Case Details

Citation(s)
2002 SLG 1966 2002 SLD 1966 2002 PLC 1431
Lahore High Court
Constitutional Petition No.5846 of 2002, decision dated: 9-04-2002
IJAZ AHMAD CHAUDHARY, J

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Mst. TAHIRA YOUSAF

VS

DIRECTOR GENERAL AUDIT (SAP) PUNJAB, LAHORE and 2 others

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-------S. 4---Constitutfon of Pakistan (1973), Arts.199 & 212---Constitutional petition---Termination of service---Petitioner appointed as Drawing Mistress remained serving for about four years, but on audit objection whereby untrained teachers who were retained in service beyond three years without training in specified period were liable to be terminated from service, services of petitioner were terminated as she was untrained Drawing Mistress---Validity---Petitioner, who was aggrieved by order passed by District Education Officer who was Competent Authority in the case, had remedy by filing an appeal/representation before higher forum and then could approach the Service Tribunal under S.4 of Punjab Service Tribunals Act, 1974---Constitutional petition by petitioner was not maintainable due to bar contained under Art.212 of Constitution of Pakistan (1973). PLD 1983 Lah. 246; 1996 SCMR 1185: 2001 PLC (C.S.) 1037 and Zahid Akhtar's case PLD 1995 SC 530 ref. Pervaiz Inayat Malik for Petitioner. Date of hearing: 9th April, 2002. ORDER Through this Constitutional petition the petitioner seeks setting aside of order dated 20-2-2002 by which the services of the petitioner have been terminated. 2. The brief facts of the case are that the petitioner had passed P.T.C. examination in 1992. Some posts of the P.T.C. Teachers were advertised by respondent No.2 on 9-4-1994. Certain candidates were selected. As the selection was not made on merit basis, different candidates, who could not succeed, filed writ petitions in this Court and this Court vide judgment dated 27-6-1996 passed in Writ Petition No. 15470 of 1995 directed the District Education Officer, Narowal, to scrutinize the appointment, and select the persons on merits. As a result of this order the petitioner was appointed as Drawing Mistress through the order dated 13-2-1997. The petitioner joined the service as Drawing Mistress and continue the same while some Audit objection has been raised vide order dated 4-12-2001 and it has been clearly mentioned that untrained teachers who were retained in service beyond three years without training in the specified period are…
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