Through this Constitutional petition Muneer Ahmad petitioner wants this Court to declare the order dated 28-8-1989 of Deputy Director (Admn.), Bahawalpur Division, Bahawalpur, respondent No, 2, to be without lawful authority and of no legal effect.
2. On 26-6-1989, the petitioner was appointed as Junior Clerk in Education Department. He joined his duties on 27-6-1989. He was performing his duties as Junior Clerk when the order of his appointment was withdrawn due to overage by Deputy Director (Admn.), respondent No, 2, hence this petition.
3. Learned counsel for the petitioner submits that the order of the appointment of the petitioner as Junior Clerk had taken effect, as such, could not have been withdrawn without prior one month notice. Furthermore, the case of relaxation of upper age limit was already with the Government and the Governor of the Punjab has relaxed the upper age limit of the petitioner vide Order No, SO(PEC)8-9/89. The representative appearing for respondents has not been able to controvert him.
4. I have considered the matter carefully. I find that the petitioner has joined his duties as Junior Clerk in Government High School Chak No, 731/9-R, A Tehsil Fort Abbas, District Bahawalnagar on 27-6-1989. Thereafter, he had been attending his duties regularly; that no prior notice for the termination of his service or for the withdrawal of the order of his appointment was given to him; that no show-cause notice was given to him in respect of his upper age limit and that by now Governor of the Punjab has relaxed his upper age limit vide Order No, SO(PEC)8-9/89. Photostat copy whereof is marked 'A'.
Pursuant to the above discussion, the impugned order is declared to be without lawful authority