The instant writ petition, Writ Petition No, 313 of 1989, Writ Petition No,345 of 1989, Writ Petition No,393 of 1989, Writ Petition No,534 of 1989 and Writ Petition No, 633 of 1989 contain the same factual and legal position, so all these writ petitions are being decided by means of this single judgment.
2. The brief facts of the cases in all the writ petitions are that the petitioners alongwith others appeared before the recruitment committee (Ministerial Establishment) constituted by the Director of Education (Schools), Bahawalpur Division, Bahawalpur, for the selection of junior clerks about six months prior to the institution of these writ petitions. All the petitioners were selected for the posts and were posted at different stations. Suddenly by the impugned order dated 28-2-1989 passed by the Director of Education (S), Bahawalpur Division, Bahawalpur, on the direction of the Minister for Education, Punjab Province, Lahore, all the appointments, which were made on or after 1-1-1989, have been cancelled. The same order has been sought to be quashed.
3. It has been stated in these writ petitions that the competent appointing authority was the Director of Education (Schools), Bahawalpur Division, Bahawalpur, and after their selection and posting, they could not be terminated from service as they were appointed on regular basis against the permanent posts. It has been added that they were condemned unheard and no reason has been assigned in the impugned order, which is mala fide and the Minister for Education was not authorised to issue such an offending order.
4. For the sake of convenience, the contents of the offending order may be reproduced:-- DIRECTOR OF EDUCATION (SCHOOLS), BAHAWALPUR DIVISION, BAHAWALPUR.
Order No, 6734/Admn-II,Dated 28-2-1989 Consequent upon the order of worthy Minister for Education, Punjab Province, Lahore, in the meeting attended by the Secretary to Government of the Punjab, Education Department, Lahore, Directors of Public Instruction (Schools and Colleges), Punjab, Lahore, all the Divisional Directors of Education (Schools and Colleges) in the Punjab, held on 25-2-1989 at Lahore, all the appointments orders from BPS-1 to BPS-5 issued by the respective Appointing Authorities on or after 1-1-1989, are hereby cancelled with immediate effect.
All the Appointing Authorities are hereby directed to issue formal cancellation orders in compliance with worthy Minister for Education directive.
Sd/- Director of Education (S), Bahawalpur Division, Bahawalpur.
It appears that in a meeting attended by the Secretary to Government of the Punjab, Education Department, Lahore, it was decided by the Minister for Education to cancel all the appointments which had taken place on or after 1-1-1989. The comments show that the Director of Education (Schools), Bahawalpur Division, Bahawalpur, has implemented the verbal order of the Minister for Education. The Minister for Education was not authorised to cancel such appointments because it was the job of the Appointing Authority. The verbal order of the Minister for Education has been implemented without going into the merits and demerits of each case. The principle of audi alteram partem has been violated as no notice to the petitioners was served before the cancellation of their appointments. Their appointments were collectively cancelled without going into the merits and demerits of the individual cases.
6. Ch. Abdul Nabi, Advocate, learned counsel appearing for the respondents has nothing to say in favour of the impugned order.
7. In the circumstances, I quash the impugned order and declare it to be without lawful authority and of no legal effect. The instant writ petition and all the writ petitions mentioned supra are accepted with costs.