' Khalid Ali Khan, former Drawing Master Teacher at Government High Court School, Qazian, Tehsil Gujar Khan in the Provincial Education Department has come in appeal, bringing in challenge order dated 28-1-2005 passed by the Executive District Officer (Education Rawalpindi whereby the appeal of the appellant was rejected and the order of termination from service passed by District Education Officer (M.EE) Rawalpindi on 2-11-2000, was maintained.
2. Appellant after successfully passing his F.Sc. Examination was inducted in service as Senior Vernacular Teacher (Untrained) vide order dated 3-7-1989 at a fixed pay of Rs.830 per month.
Neither the advertisement nor the appointment letter handed over to the appellant on his appointment contained any stipulation that he had to improve his qualification by passing the Certificate of Training Examination within 3 years. In any case appellant did appear in the said Certificate of Training Examination in the year 2000 and was declared successful on 22-3-2001 by virtue of certificate appended to the appeal about which there is no denial from the respondents.
3. The dark days for the appellant commenced when without notice the Authority i.e. District Education Officer (M.EE) Rawalpindi on 2-11-2000 terminated the services of the appellant on the ground that he failed to improve his professional qualification within prescribed period of three years. His appeal, as observed, was also dismissed. Both the orders have been assailed in the instant appeal.
4. In the comments submitted by the respondents it is stated that vide Notification of the Government of the Punjab bearing No.SOR-III-2-122/89(b) dated 14-8-1990, appellant was required to improve his professional qualification by' successfully passing Certificate of Training examination within three years of his joining of service. On my query to the departmental representative, present with record, such notification was not produced. Assuming that such notification is in existence, it would have no retrospective operation as the appellant was inducted in service on 9-4-1989.
5. There is force in the submissions made by the appellant that without notice his services were terminated after serving for 11 long years. On query put to the Departmental Representative by the Tribunal whether any blemish did occur in the service of the appellant the answer was in the negative.
6. Another argument raised by the appellant that one Shakeel Ahmed son of Mukhtar Ahmed, untrained Drawing Master in Government High Court, Kuntreela, Tehsil Gujjar Khan, who was also inducted in service as untrained teacher passed examination of Certificate Training on the same day as did the appellant and his services were also terminated but later on he was re-employed, therefore, meting out a different treatment to the appellant amounts to rank discrimination violative of equality clause of the Constitution of Islamic Republic of Pakistan, 1973, as such gross injustice has been caused and the impugned orders required reversal.
7. Learned District Attorney, on the other hand stated that once having passed the Certificate of Training Examination, appellant should have been adjusted in the subject for which he passed the said diploma.
8. I have considered the arguments of the respective counsel and perused the record.
9. In the first instance there was no stipulation either in the advertisement through which appellant applied for the job as Senior Vernacular Teacher (untrained) and secondly in his appointment letter no such condition was imposed that he had to obtain the professional qualification within three years of his induction in service. As far as the Notification of the year 1990 is concerned, it would have no retrospective operation to the date of 9-4-1989 when the appellant was inducted in service. It is also a fact that appellant passed the Certificate of Training Examination in the year 2000 but the result was declared in the year 2001. Eleven years of service without blemish put in by the appellant cannot be terminated with one stroke of pen without giving a notice and seeking his reasons as to what prevented him from passing the professicnal qualification of Certificate of Training Examination. Resultantly, appellant has made out a case for intercession by the Tribunal on his behalf, by setting aside the orders of Executive District Officer (Education) Rawalpindi dated 28-1-2005 and that of District Education Officer (M.EE) Rawalpindi dated 2-11-2000. Appeal is accepted. Appellant shall be reinstated in service. However, the period between termination and reinstatement shall be treated as extraordinary leave without pay.