Law:

Section:

(a) Punjab Text Book Board Employees Service Regulations, 1980----Regln. 11---Constitution of Pakistan (1973), Art. 188---Supreme Court Rules, 1980, O.XXVI, R.1---Review of ---Rectification of error of record---Illegal appointments---Reinstatement in service--¬ While disposing of Civil Petition for Leave to Appeal the conclusion of High Court escaped notice of Supreme Court for the reason that at the leave granting stage petitioners could not file concise statement and their counsel verbally emphasized the question of discrimination with vehemence but the same was not entertained for want of material-Such material was produced before High Court who, on the basis of the same had concluded that 304 employees of the Punjab Text Book Board who were still working, had been appointed contrary to Regln. No.11 of Punjab Text Book Board Employees Service Regulations, 1980---Such finding of High Court had not been controverted either at the time of hearing of Civil Petitions for Leave to Appeal before Supreme Court or at the time of arguments by the counsel appearing for the Board--¬ Counsel for the Board had conceded that a good number of employees whose appointments had also taken place on the recommendations of the authority other than the Chairman of the Board were in service--¬ Effect---In such view of the matter an error seemed to be apparent on the face of the record in which called for rectification---Judgment passed by Supreme Court was recalled and Civil Petitions filed by the Board were dismissed---Supreme Court directed the Board to reinstate the employees from the date of their removal from service---Review petition was allowed. Sui Southern Gas Company Ltd. v. Engineer Naraindas and others 2001 PLC (C.S.) 743 and Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development and others PLD 1995 SC 530 ref. (b) Public functionaries--- ---- Running the affairs of State---Illegal orders, implementation of- Principles---Supreme Court had noted with concern that departmental authorities responsible to run its affairs submitted to whims and wishes of their superiors and had never felt hesitation in implementing even an illegal…

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