' The petitioner is a superintendent belonging to N. P. S. Grade-11 in the Directorate of Education, Multan Division, Multan. He has been retired from service by the Director of Education, Multan vide his order dated 20th February, 1980 under section 12 (it) of the Punjab Civil Servants Act, 1974.
Petitioner has assailed the said order of retirement by means of this writ petition mainly on the ground that the impugned order has not been passed by the competent authority. Learned counsel has argued that the competent authority in the case of the petitioner, who belongs to Ministerial Staff on the strength of a Divisional Directorate, was Deputy Director Incharge of Administration in the Divisional Directorate while the impugned order has been passed by the Director of Education, Multan Division, Multan.
2. In the parawise comments submitted on behalf of the respondent No. 1 it is not denied that the order of retirement in respect of the petitioner has, in fact been passed by the Director of Education. It is contended, however, that it was only a formal order and that in fact the petitioner was recommended for retirement by a Review Committee.
3. It is also admitted that the petitioner was retired earlier by order of Director of Education on 26th June, 1974. The petitioner submitted a departmental representation against the said order of retirement. His representation was accepted when higher authorities in the Education Department gave the opinion that Director of Education, Multan, was not the "competent authority" of the petitioner and that the impugned order was, therefore, illegal. It was in pursuance to this advice that the earlier order of retirement was withdrawn by Director, Education, Multan vide Notification dated 25th May, 1977. Thereafter another order of retirement of the petitioner was passed by Deputy Director, Multan, on 25th May, 1977. This time the petitioner filed an appeal before the Punjab Service Tribunal, Lahore. This appeal was accepted by the said Tribunal vide its order dated 12th September, 1979 and the impugned order was declared to be illegal. Thereafter the petitioner, was re-instated into service and was even promoted.
4. This factual and legal position has not been controverted by the Assistant Director (Schools) who is present in Court with record.
5. A reference to the West Pakistan Education Department Delegation of Powers Rules, 1962 as amended upto date would show that the "competent authority" in respect of the Mjnisterial Staff on the strength of Divisional Directorate, to which the petitioner belongs is the Deputy Director Incharge of Administration in the Divisional Directorate. Director Education/respondent No. 1 was not the competent authority in respect of the petitioner. I am fortified in this view by the earlier opinion of the Education Department, Government of Punjab, which was tendered in respect of this very petitioner vide letter No, SO (NG)-S-33/73 dated 23rd May, 1977. It was, on the basis of this advice that the earlier order of retirement was withdrawn. It appears that the Director, Education, Multan, has not learnt any lesson from the earlier order which had been struck down departmentally in this case. He has once again sought to retire the petitioner himself. In the circumstances I have no option but to hold that the impugned order has not been passed by the "competent authority" within the meaning of section 12 of the Punjab Civil Servants Act, 1974.
' As I am of the view that the impugned order suffers from illegality on the face of the record, the extraordinary jurisdiction of the High Court can be specifically invoked in this case. The objection that the petitioner has another adequate remedy by way of appeal is consequently of no substance.
6. In the circumstance described above the writ petition is accepted. The impugned order is declared to be illegal and without lawful authority . As the Driector, Education/respondent No. 1 had deliberately ignored the earlier advice of the Education Department and has sought to pass similar order again I feel that the petitioner should also get the costs o this case and I order accordingly.