NUSRAT Bibi and others vs PROVINCE OF PUNJAB through Secretary
The petitioners filed civil petitions for leave to appeal against a consolidated judgment of the Punjab Service Tribunal, Lahore, which had dismissed their appeals filed under Section 4 of the Punjab Service Tribunals Act 1974. The petitioners claimed to have been appointed as P.T.C. Teachers in District Lodhran. An Inquiry Committee constituted to investigate large-scale appointment irregularities found that the petitioners were never genuinely appointed and had secured induction based on fraudulent, fake, and bogus orders. Following show-cause notices and their failure to establish legal appointments, the petitioners were removed from service. The Supreme Court reviewed the record and affirmed the factual findings of the Tribunal, noting that the petitioners failed to demonstrate any question of law of public importance under Article 212(3) of the Constitution of Pakistan 1973. Consequently, the Supreme Court refused leave to appeal and dismissed all the petitions.
- Does a fraudulent or bogus appointment create a legally enforceable right to remain in public service?
- Will the Supreme Court grant leave to appeal under Article 212(3) of the Constitution when no question of law of public importance is demonstrated?
- Section 4, Punjab Service Tribunals Act 1974
- Article 212(3), Constitution of Pakistan 1973
ORDER
' KHALIL-UR-RAHMAN RAMDAY, J.--This order shall dispose of Civil Petition for Leave to Appeals Nos.521, 522, 523, 524 and 542-L of 2003 as all these petitions question the same consolidated judgment, dated 2-1-2003 of the Punjab Service Tribunal, Lahore.
2. The petitioners before us claim to have been appointed as P.T.C. Teachers in the District of Lodhran on different dates between 1990 and 1998. On large scale irregularities having come to the notice of the Government in the appointment of P.T.C. Teachers in the District of Lodhran an Inquiry Committee was constituted which examined each and every individual appointment and which committee came to the conclusion that the petitioners and some others had never been appointed as P.T.C. Teachers; that they had maneuvered their induction into service on the strength of fraudulent, bogus and fake orders and that they had thus no right to continue in service. The petitioners were consequently served with show-cause notices and on their failure to show that their appointments were genuine and legal, they were directed to be removed from service. The petitioners finally reached the Punjab Service Tribunal through appeals under section 4 of the Punjab Service Tribunals Act of 1974 which appeals were heard and dismissed by the said learned Tribunal-through the impugned judgment.
3. We have gone through the impugned judgment with the assistance of the learned counsel for the different petitioners and have also examined the record in the light of the submissions made by them.
4. The learned Tribunal appears to have examined the entire record and could not find any material which could persuade , it to intervene for the benefit of the petitioners. These findings of fact recorded by the learned Tribunal are supported by the material available A on record. The learned counsel appearing for various petitioners could not show the existence of any question of law of public importance which could persuade us to, grant leave in terms of Article 212(3) of the Constitution.
5. In this view of the matter all these petitions are dismissed. .