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1989 PLC (C.S.) 677

MUHAMMAD AFZAL vs THE DISTRICT EDUCATION OFFICER (FEMALE), RAHIMYAR

Citation1989 PLC (C.S.) 677
CourtLahore High Court
Judge(s)Muhammad Munir Khan
ResultPetitions accepted

' As identical questions of law and facts are involved in the four Writ Petitions Nos. 803 of 1989 filed by Muhammad Afzal, 804 of 1989 by Muhammad Arshad, 835 of 1989 by Mukhtar Ali and 768 of 1989 by Ashiq Hussain petitioners, so I propose to dispose of them through single judgment.

2. The facts leading to these petitions briefly are that the aforesaid petitioners are class-IV employees in Education Department. District Education Officer, respondent No, 1 terminated/cancelled the services/appointments of Muhammad Afzal on 28-1-1989, Muhammad Arshad on 28-2-1989, Mukhtar Ali on 1-3-1989 and of Ashiq Hussain on 28-5-1989, hence these petitions.

3. Learned counsel for the petitioners submitted that the services of the petitioners have illegally been terminated because the District Education Officer, respondent No, 1 has not applied his/her independent mind and has simply obeyed the orders of the Education Minister, Government of the Punjab. Learned AA.-G. Has halfheartedly supported the impugned orders.

4. I have considered the matter carefully. I feel persuaded to agree with the learned counsel for the petitioners. I find that the District Education Officer, respondent No, 1 has not passed an independent order. He/she has not applied his/her own mind to the question of termination of the services of the petitioners or of the cancellation of their appointments and has virtually obeyed the direction given by Minister for Education, Government of the Punjab, Lahore, who was not an Authority for the termination of the services/cancellation of the appointments of the petitioners.

Furthermore, the impugned order seems to be arbitrary one, because all appointments made of Class-IV servants or other employees in BS-1 on or after 1-1-1989 in the educational institutions (primary/middle/high schools) have simultaneously and arbitrarily been terminated cancelled without examining the case of the individual employee.

' Pursuant to the above discussion, the impugned orders are declared to be without lawful authority and of no legal effect. The parties will bear their own costs.

Cited by 1 case

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