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2008 PLC (C.S.) 1260

ABDUL HAMEED vs GOVERNMENT OF PUNJAB and others

Citation2008 PLC (C.S.) 1260
CourtLahore High Court
Case No.Writ Petition No,1839.of 2007
Date2008-03-26
Judge(s)Hafiz Tariq Nasim
ResultPetition accepted

ORDER

1. ' No, S.O.(S-I-V) C.M.-08/2007. The Government of Sindh is pleased to redesignate all post of bearning Coordinators (LCOs) in Schools as Primary School Teachers. All officials posted as LCOs will stand reverted to their original positions as PSTs. Their personal grades will not be affected by this order. Sabhago Khan Jatoi ' Secretary to Government of Sindh ' Contention raised on behalf of the respondent depicts that by virtue of temporary arrangement the petitioners were posted as Learning Coordinators, which posts were abolished under the decision of the Chief Minister Sindh on 18-8-2007 and on the abolition of the post, the services of the affectees were neither terminated nor declared surplus, but their pay and personal grade were protected and therefore they did not sustain any financial loss. The petitioners, it is argued, were neither appointed nor promoted and therefore their demand to post them on post equivalents to their personal grades, seems illogical and not in conformity with law.

2. ' Learned counsel for the petitioners has pointed out an advertisement published in daily Ibrat dated 27-1-2008, which depicts that Education and Literacy Department had invited applications for appointment as Learning Coordinators in PBS-11 in Government Girls Community Model Schools working under Sindh Government, therefore, the petitioner could not be discriminated on the grounds that the post of Learning Coordinators were unproductive and hence be abolished by the competent authority. Such posts, he argues, which were re-designated as Primary School Teachers by such order was void ab initio, illegal, and coram non judice, as according to him, the petitioners who were serving in PBS-16, were entitled under law to be re-designated as Secondary School Teachers instead of Primary School Teachers and the reversion of the petitioner of BPS-7 had no legal sanctity.

3. ' In view of the statement of Ms. Haleema Khan, Additional Advocate-General, we are of the view that the impugned order directing the petitioners to be reverted to their original positions as Primary School Teachers, as their personal grades would not be affected, suggests that those who are enjoying BPS-16 are entitled to work as Secondary School Teachers and those serving in BPS-11 are entitled to be appointed as Primary School Teachers in their own grades and pay, to which they were entitled to on the date of filing of the A petition.

4. ' In view of the above circumstances, C.P. Nos. D-1995 of 2007, 2148 of 2007 and 2535 of 2007 are allowed to the above effect and the respondent No,2 is directed to implement the above order in letter and spirit as applicable to the case of each petitioner for adjusting them in their own grade and pay admissible to them under the law. Petitions stand allowed in above terms with no order as to costs.

Cited by 2 cases

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