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| October 13, 2001 | Saturday | Rajab 25, 1422 |
Teachers’ termination declared illegal
MULTAN, Oct 12: The Lahore High Court, Multan bench, on Friday declared the orders of education departments of Khanewal and Multan debarring two teachers from entering school premises and stopping their salaries as illegal.
The LHC disposed of two identical but separate petitions filed by Shehnala Niaz, an elementary teacher serving in Khanewal, and Miskeen Ahmad in Multan. They were restrained by the authorities from performing duties at their place of postings, observing that they were no longer government servants.
Payment of their salaries was also stopped on the allegations that their appointments were illegal despite the fact that they were appointed on a regular basis through a proper procedure, they said.
They said bar contained in Article 212 of the Constitution was not applicable in the case of petitioners, justifying intervention of the LHC.
The court could not find any order of competent authority for institution of proceedings under E&D rules. Besides, no opportunity was provided to petitioners to defend themselves, the court observed.
“Such an order cannot be declared as legal and valid in the peculiar circumstances of the case. The impugned orders shall no longer be operative, petitioners would be deemed to be in service and they shall be paid salaries,” the LHC directed.
“However, an enquiry may be initiated against petitioners in respect of their appointments strictly in accordance with rules and regulations, and they should be provided adequate opportunity of hearing. Such an exercise may be completed within two months,” the court directed.—APP
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