Case Details

Citation(s)
2006 SLG 1698 2006 SLD 1698 2006 PLC 510
Lahore High Court
Writ Petition No.1266 of 2004, decision dated: 21st October, 2005.
UMAR ATA BANDIAL, J

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BUSHRA BEGUM

VS

GOVERNMENT OF THE PUNJAB through Secretary Education and 4 others BUSHRA BEGUM vs GOVERNMENT OF THE PUNJAB through Secretary Education and 4 others

Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition Civil service---Appointment and termination---Reinstatement---Appellate Authority in its order had acknowledged that appointment letter of petitioner was never cancelled by concerned Authorities---Petitioner had submitted that she admittedly never was terminated from the post of S.V.T. and that one thousand other teachers holding same post of S.V.T., whose appointment had been cancelled en bloc, were restored to their posts by order of Chief Minister---Authority, in written comments had stated that no direction for reinstatement of petitioner having been given by Chief Minister, no action had been taken to assign duties to petitioner---.Stand taken by Authority, suffered from two flaws; firstly that without having been terminated from service, petitioner did not have to be reinstated and no direction by Chief Minister in her case was necessary; secondly, if one thousand similarly placed teachers had been restored to office, there was no reason for the authority to discriminate against petitioner in assigning her work---Authority was directed to assign duties to petitioner as a S.V.T., since she admittedly had never been terminated from service. Pervaiz Inayat Malik for Petitioner. Misbah-ul-Islam, A.-A.G. and Arshad Pervez Qamar AEO Nurkot, with record for Respondents. Date of hearing: 21st October, 2005. ORDER UMAR ATA BANDIAL, J---Learned counsel for the petitioner has referred to the order dated 29-1-2001 by Respondent No.3 issued on the appeal filed, by the petitioner wherein it is acknowledged that the appointment letter of the petitioner was never cancelled by the concerned authorities on account of an error. Consequently, learned counsel for the petitioner submits that…
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