' SHAH KHAWAR, This judgment will dispose of the instant writ petition as well as the connected writ petitions i,e, W.P.No,11996/2013 titled "Shakeela Hayat v. DEO(EEM), D.G. Khan and others", W.P.No,12478/2013 titled "Samina Khan v. The Government of Punjab, and others", W.P.No,11995/2013 titled "Shabana Kareem Fakhri v. DEO(EEM), D.G. Khan and others" and ' W. P. No. 872/2014 titled "Fehmeeda Naz v. Government of Punjab, and others" as common question of law and facts are involved in these writ petitions.
' Brief facts of the case are that the petitioners were appointed as ESE (Science/Math) at Government Girls Primary School Manjhweel, Markz Hills, Tehsil Tribal Area, D.G. Khan on contract basis vide order dated 3-9-2012 afterwards the petitioners have been performing her duty diligently without complaint.
2. Vide impugned orders dated 26-9-2013 and 14-1-2014 issued by District Education Officer, EE-M Dera Ghazi Khan, respondent No.2, the contract offer of the petitioners was terminated, inter alia on the following grounds;
(1) The petitioners absented from duty, as reported by EDO EE-M Tehsil Taunsa vide letter dated 27- 8-2013.
(2) During the proceedings of show-cause notices-cum-personal hearing, the petitioners were given a questionnaire, wherein they failed to submit cogent reasons in vogue of their absence.
3. In parawise comments filed by the respondents, it is contended that it was not a matter of one day absence rather the attendance register was fake and the petitioners failed to tell a single name of their class student.
4. This is contended on behalf of the petitioners that the above exercise carried out by the respondents is an outcome of political victimization meted out against the petitioners by a former MPA and Tribal Chief belonging to ruling party. Further that the Government of Punjab issued notification dated 19th of August, 2013, whereby the Chief Minister of the province has been pleased to allow the Administrative Departments to proceed further regarding regular appointment of their contract employees as per policy Notification dated 1-3-2013, and impugned order has been passed to debar the petitioners from seeking the said benefit.
5. Heard.
6. This is an admitted fact that the contract employment of the petitioners was terminated by the respondents due to one day absence, by invoking clause 8(iii) of the Letter of Agreement/Contract of Employment. The clause 8(iii) of the contract provides the power to the respondents to terminate the contract, if the Educator is found as willful absent from duty, or does not achieve 100% enrollment.
7. I have given conscious consideration to the averments of the petition, the impugned termination order and the letter of Agreement/ Contract arrived at between the petitioner and the respondents.
The main ground taken in the impugned order is one day absence from the duty, other, that the petitioners failed to submit cogent reasons in wake of their absence.
8. I am of the considered view that the punishment of termination of Contract awarded by the respondents to the petitioners due to one day absence is quite harsh. This level of the misconduct does not commensurate quantum of punishment as contained in the impugned order. At the most, the respondents could have censured the petitioners for one day absence and the award of punishment of termination of petitioner's contract is not based upon any logic or justification, which cannot sustain in the eye of law. Moreover, the petitioners were entitled to the benefit of the notification dated 19-8-2013 issued by the Government of Punjab whereby the Administrative Heads of the Departments were allowed to regularize the services of contract employees worked under their administrative control.
9. Instead of adhering to the said notification dated 19-8-2013, petitioners were subjected to a harsh punishment, which apparently seems to be preconceived idea and mala fide on the part of respondents. The petitioners had developed legitimate expectancy of being regularized but their employment contract was terminated.
10. In the light of above discussion, the instant writ petition is allowed. The impugned orders dated 26-9-2013 and 14-1-2014 are hereby declared as illegal, void and same are set aside. The respondents are directed to re-instate the petitioners into service. However, the intervening period may be treated as leave without pay. The respondents are also directed to adhere to the notification dated 19-8-2013 issued by the Government of Punjab, if the same is applicable to the petitioners.
11. Before parting with the judgment, the petitioners are expected to be efficient and dutiful in future while serving as ESE (Science/Math). The petitioners are also directed to furnish a written undertaking to the effect that they will fully abide by the provisions of letter of agreement/employment/contract in its letter and spirit and will not be absent themselves from duty except for cogent reasons after proper' approval and sanction of the competent authority,
12. With these observations and directions, the instant writ petition is allowed.
Petition accepted. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.