BEFORE THE CHIEF SECRETARY, PUNJAB, LAHORE.

Departmental Appeal U/s 21 Punjab Civil

Servant Act 1974 for setting aside the impugned
Order dated 05-05-2017.

Respectfully Sheweth:-

1. That in accordance with the approved mandate of DSD, a new

model for professional development of primary school teacher
(PST) was developed Continuous Professional Development
(CPD) frame work was submitted in-depth consultation with the
stakeholders including the education department. The same was in
principles approved by the Steering Committee on 29-10-2004.
After all the codal formalities the then Chief Minister approved the
said CPD program and creates the requisite posts to run it
accordingly.
2. That while clipping aside un-necessary details the facts relevant for
the purpose of instant appeal are that concerned education
department invited the applications for different posts of District
Teacher Educators (DTEs) including the posts for which the
appellant applied in a proper way and after codal formalities had
been selected. The appellant fulfilled their duties to the entire
satisfaction of their superiors till now without any complaint.
3. That now suddenly the Secretary Education (Schools) issued a
Notification dated 05-05-2017 whereby total 4515 posts all across
the Province of Punjab has been abolished including 840 posts of
District Teacher Educator (BS-16) posts and 3360 posts of District
Teachers –Educators (BS-14) in the said CPD program except The
Program Director, Directorate of Staff Development, Education
Department, Government of the Punjab Wahadat Road, Lahore
 including other Regional Program Directors and Regional Program
Managers etc. Thereafter another letter dated 19-05-2017 has been
issued in continuity of the letter dated 05-05-2017.
4. That the writ petition No.1438/2014 in this Hon’ble court
Rawalpindi Bench Rawalpindi with the pray to regularize the
Teacher Educators along-with others who are part of the same
CPD program. The similar kinds of writ petitions filed by the other
working employees of other posts in the same CPD program are
also pending adjudication. The said writ petition has been accepted
vide Order dated 09-03-2017 in this regard but The Secretary
Education (Schools) issued the impugned Notification dated
05-05-2017 in a haste manner in which is being illegal, unjust,
unlawful and without lawful authority thus the same has been
challenged in W.P.No.9247/2017/Multan and
W.P.No.4040/17/BWP in which the Orders have been passed for
not to pass any adverse orders against its petitioners.
5. That the respondents stopped the salaries of the appellant under the
above mentioned impugned act which is against the natural justice
and causing irreparable financial loss to them.
6. That a writ petition No.92206/2017 of Lahore has been dismissed
vide Order dated 26-12-2017. The appellant filed the I.C.A No.__
which was disposed of with a direction vide Order dated 22-03-
2017 to file the departmental in addition to already pending
departmental appeal in this regard in Your good office to decide
the matter in question on merits.
7. That the Secretary issued the impugned Notification dated 05-05-
2017 which is illegal, unjust, unlawful and without lawful
authority thus liable to be set aside inter alia on the following
amongst others:-

GROUNDS

a. That the August Supreme Court settled the principal in case

of abolition of any post by directing that in future when a
 post had to be abolished within the department and/or within
the statutory body or organization controlled by the
provincial Government, the department shall seek
concurrence from the services and General Administration
department (S & GAD). Abolition of a post is permissible in
case if the department required restructuring reform or to
meet exigency of service in public interest. The department
could only abolish a post for justiceable reason. Now in this
case, the respondents never seek concurrence from the
services and General Administration department (S &
GAD). So, the impugned notification is liable to be quashed
on this sole score. Reliance is placed on 2015 SCMR 456.
b. That the respondent department was duty bound under the
Article 189 & 190 to follow the above mentioned judgment
of August Supreme Court while abolishing the posts in
question. But it miserably failed to comply with which is
gross violation of law and thus the whole impugned process
of abolition is liable to be quashed by in the best interest of
justice.
c. That the legal procedure has not been adopted properly
while abolishing the posts mentioned above therefore the
whole act of the department is illegal, unlawful and without
lawful authority therefore the impugned Notification is
liable to be set aside.
d. That over all result of the earlier CPD Program since its
induction for the improvement in the education system was
satisfactory then why the Government of Punjab suddenly
decided to abolish the whole structure. Further it is pertinent
to mention here that there are no signs of next Program of
any kind of system till now. So, without creating and
initiating any new set up or program for future by replacing
the CPD Program, the sudden impugned abolishment of
posts is illegal, unjust, unfair and without any lawful need.
e. That the Secretary School Education was bias and he
delibrately abolished the posts in question for just due to
ulterior motives. The over all result of said CPD program
clearly shows the success of said program and therefore
there is no need of new structure or program.
f. That this illegal act of the respondents is totally detrimental
to the existing educational system of this country. The
earlier CPD System become purified with the passage of
time and was giving fruitful results for the improvement of
educational system at the time of sudden abolishment
challenged above.
g. That no post can be abolished without doing the necessary
acts to protect the future service and salary of the employee
but in this case no such process has been adopted by the
Provincial Government to protect the petitioner and his
salary which is clearly against the natural justice and thus
liable to be quashed.
h. That the appellant has no other source of income. She has a
family to feed but the respondents at once abolished the post
of him without any assurance of adjusting him in future on
any new post in the new set-up / program (if any) which is
unjust, illegal and unlawful act therefore liable to be noticed.
i. That after acceptance of the writ petitions No.1702/2011,
1438/2016 & 2655/2013 about regularization of its
employees the rights of the appellant also accrued as being
on the same footing.
j. That it is pertinent to mention here that the appellant is
serving as DTEs since 2012 and took various trainings in
this regard during this period with huge expenses of the
department. Now the respondents select other experienced
and trained DTEs and want to select / appoint the
un-experienced fresh ones with some other nametag i.e
AEOs / Assistant Education Officers for the same work and
duty because of ulterior motives.
 k. That the appellant worked as District Teacher Educators
since 2012 without any complaint with blotless service
record. No complaint of misconduct was pending against
them but the concerned department is bent upon to snatch
the livelihood of the appellant without any reason and
justification for just to oblige their favorite ones in the new
set up by pick & choose policy which is liable to be noticed.
l. That the basic impugned Notification dated 05-05-2017 is
itself contradictory and showing the malafide of the
department as the para No.2 is as under
“2. Finance Department will be approached later for
creation of new posts through SNE for
addressing the shortage of Secondary School
Educators (SSEs) in Science Subjects, Assistant
Educators Officers (AEOs) and Education
Officers (Eos) for Monitoring & Supervison of
Elementary Schools in lieu of discontinuation of
CPD Programme.”
Now, it is crystal clear that the respondents kicked out the
experienced appellant in CPD program by abolishing it only for to
start some new similar kind of program by recruiting un-
experienced new employees for it. As mentioned above, the said
CPD program was quite fruitful but the respondents abolished it
only for ulterior motives to oblige their favorite ones by fresh
recruitment.
m. That earlier to this a departmental appeal was filed by the
appellant before You but the same has not been decided yet
and is still pending.
Prayer:-

In view of the foregoing reasons and

circumstance, it is most humbly prayed that the

impugned Notification dated 05-05-2017 may kindly be

 set aside as being illegal, unlawful, without lawful

authority, against the natural justice and detriment to

the educational system of this country.

Dated: _________.

(Appellant)

Gulshan Ara D/o Bashir

Ahmad, District Teacher
Educator, Government High
School, Muhammadpur
Sansaran Tehsil Minchinabad
District Bahawalnagar.