Case Details

Citation(s)
2007 SLG 1996 2007 SLD 1996 2007 PLC 640
Lahore High Court
I.C.A. No.73 of 2006 in Writ Petition No.412 of 1999, decision dated: 20-02-2007.
MIAN HAMID FAROOQ AND IQBAL HAMEED-UR-REHMAN, JJ

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AFIFA ARSHAD

VS

D.E.O. and others AFIFA ARSHAD vs D.E.O. and others

Law:

Section:

Civil service-------Appointment---Act of authorities---Appointment letter, non-receipt of---Appellant was appointed as Elementary English Teacher but concerned authority failed to certify validity of the appointment order---Appointment order was never conveyed to appointee consequently she neither joined service at any school nor performed her duties at any time---Effect---Once appointee was qualified to be appointed, his/her services could not be subsequently terminated on the basis of lapses and irregularities committed by department itself---Irregularities having been committed in process of appointment by the officials of department, therefore, appointee could not be made to suffer for such illegalities and irregularities---Authorities were directed by the High Court to allow the appointee to join her duty---Intra-court appeal was allowed accordingly. Secretary to Government of N.-W.I.P. Zakat/Social Welfare Department, Peshawar and another v. Sadullah Khan 1996 SCMR 413 and Muhammad Zahid Iqbal and others v. DEO Mardan and others 2006 SCMR 285 rel. Ch. Abdul Sattar Goraya for Appellant. Mughees Aslam Malik for Respondent No.2. Zafarullah Khan Khakwani, A.A.-G. Capt. (Retd.) Zahid Saeed Special Secretary Education, Government of the Punjab, Lahore, Mrs. Shahida Anwar, D.E.O.(W)/Respondent No.1 and Mrs. Samina Zafar Ex-Deputy D.E.O.(W) Shujabad/Inquiry Officer. ORDER Brief facts leading to this I.C.A. are that in the year 1995 certain posts of Elementary English Teachers (BS-14) under the administrative control of respondent No.1 had fallen vacant to be filled in by a method of direct recruitment. The appellant applied for the appointment as Elementary English Teacher. She was appointed as Elementary English Teacher in BS-14 by respondent No.1 vide order, dated 2-9-1995 but the same had never been conveyed to her. 2. In the month of October, 1999, a person posing himself to be a peon of the office of respondent No.1 paid visit at the house of the appellant and told her that she has been selected and she should join at the place of posting. The petitioner went to the office of respondent No.1 and confirmed the above information. The petitioner also came to…
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