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| Writ Petition Service Matters |
In the name of ALLAH, the most beneficent, the most
merciful
Format of writ petition about service matters
IN THE HONOURABLE
W.P.No._________/15
Rabia Yaseen W/O Amjad Sagheer, District Teacher Educator
at CTSC GGHS Charhan District
PETITIONER
VERSUS
1.
Secretary
Education Lahore.
2.
3.
Regional Program Manager,
4.
DTSC Head,
RESPONDENTS
WIRT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC
Respectfully Sheweth:-
1.
That the names
and addresses of the parties have correctly been given in the head note of
above titled writ petition for the affecting all kinds of service.
2.
That the
petitioner belong to educational department and professionally as a Govt School
Teacher of District Rawalpindi. vide notification No. RPM (DSD) 1-S
(32)/13/1523 dated
3.
That the since
the date of appointment, the petitioner served the department with devotion,
dedication, honestly, efficiently, diligently and to the entire satisfaction of
their superiors and there is no iota of complaint against the petitioner of any
kind. The service rendered by the petitioner was always appreciated by their
superior.
4.
That it is
pertinent to mention over here that the after the satisfactory completion of
five year period, the petitioner was given PBS-17 which is going to complete,
due to this the respondents want to deprive the petitioner from her lawful
right. Copy of Notification is attached Annexure B.
5.
That the
petitioner neither given any show cause notice of hearing nor have been heard
by competent authority and they have been condemned unheard.
6.
That the act of
the respondents is based on malafide and the same is based on political wills
and they just want to oblige their blue eyed.
7.
That there is no
bar or hurdle available in this regard, as the government spent a lot upon the
training of the every DTE whereas, the respondents are going to waste the
investment of the government by obliging their blue-eyed persons as they
repatriated the petitioner to avail some place for the adjustment of their
favorite illegally, which is quit injustice with the petitioner, as they
deprived the petitioner while pleasing their beloved ones.
8.
That in other
identical W.P.NO 202/15 his lordship Mr. _____vide order dated
9.
That in other
identical I.C.A No. 303/14 their lordships Mr. Justice Athar Mehmood (J) and
Mr. Justice Syed Mansoor Ali Shah (J) vide order dated
10.
That after the
appointment of the petitioner it was agreed that the petitioner will be
regularized by the department in future.
11.
That the respondent
No. 2 without any lawful and valid reason placed the duty of petitioner at the
disposal of Executive district Officer (Education), Rawalpindi merely on the
report of head of District Training and Support Center Rawalpindi that
performance of the petitioner is poor and unsatisfactory vide impugned order
dated 24-02-2015.
12.
That the
petitioner filed representation before respondent No. 1 & 2 but no result.
Copy of the representation attached as ANNEXURE
E & E/1.
13.
That the impugned
order dated
GROUND:-
1.
That no show
cause notice was served to the petitioner with respect to allegation contained
in impugned order dated
2.
That the malice
and malafide on the part of respondents can be adjudged that one ________DTE,
who is on Ex-Pakistan Leave and in this absence vide order dated 24-02-2015,
the authorities passed his repatriation order while showing him as present
during the personal hearing whereas petitioner Rabia Yaseen whose mother was passed away and due to that
reason she was on level and in her absence the impugned order was passed while
showing her as present during personal hearing and even all the petitioner can
take oath that they was not personally heard by competent authority hence all
the petitioner was condemned unheard which is violation of principle of natural
justice. Copy of order is attached as ANNEXURE
G.
3.
That infact the
main object for passing the impugned order is just to accommodation blue eyed
person of which the respondent department invited application after passing of
impugned order.
4.
That glare
irregularities was committed by the respondents in passing impugned order which
is not sustainable in the legal premised.
5.
That according to
the Constitution of Islamic Republic of Pakistan, every citizen of this country
cannot deprive o from his legitimate rights and fundamental rights cannot be
infringed but in the instant matter, the fundamental rights of the petitioner
has been infringed and they has been deprived of from their fundamental and
valuable rights of building future career.
6.
That due to the
passing of impugned order, dreams of the petitioner as well as the future
career of the petitioner is at stake.
7.
That the acts of
the respondents are illegal, unlawful, improper misuse of powers on their part,
which ineffective/inoperative upon the fundamental as well as educational
rights of the petitioner.
8.
That the
petitioner has got no other efficacious remedy except to invoke the
Constitutional jurisdiction of this Honorable Court.
PRAYER:-
In the
above circumstances, it is most humbly prayed that writ petition may kindly be
accepted and the impugned order dated 24-02-2015 passed by respondent No. 2
whereby he without any lawful and valid reason placed the duty of the
petitioner at the disposal of Executive District Officer (Educational)
Rawalpindi merely on the report of head of District Training and Support Center
Rawalpindi that performance of the petitioner is poor and unsatisfactory may
kindly be declared as illegal, unlawful, improper, unjust, unauthorized, based
upon malice and malafide intention, in effective/inoperative upon the
fundamental rights of the petitioner, in the interest of justice.
It is further prayed that direction may kindly
be issued to the respondents department to regularize the present petitioner
and the service of the present petitioner may kindly be continued in the
department at her place of service, in the interest of justice.
It is further
prayed that the salary of the petitioner may also be ordered to be released.
Any other relief,
which this Honorable Court deems fit, just and proper may also be awarded to
the petitioner.
Humble Petitioner
Through:-
Counsel
CERTIFICATE:-
As per information received, it is
certified that this is the first Writ Petition on the subject matter
being moved before this Honourable Court.
Counsel