As per the details, the bench consisting of Justice Masood Abid Naqvi and Justice Muzamal Akhtar Shabbir passed these directions in a contempt petition filed by ex-employees of the PEF through Ch Shoaib Saleem advocate.
The court rejected the compliance report submitted by the schools education department and the Punjab Education Foundation. It observed that the order passed by the court has not been acted upon in letter and spirit and a typical bureaucratic attitude is very much evident in this whole process. The law officer, when presented the report to the court, was reprimanded with the warning that the court “knows how to get its orders implemented”.
While addressing AG, Justice Naqvi said: “We are not satisfied and impressed by your arguments.” The court further observed that the court has also ordered the committee headed by the secretary schools education to decide whether or not the PEF is a statutory body. “Where it written in the report,” the court asked the law officer which he was unable to refer to. “This is how the departments should pass orders on court’s direction,” the judge remarked.
Moreover, the court was also not satisfied on the point that when the PEF has not reinstated the petitioners, how come their regularization could be considered by the Foundation.
Representing the petitioners, Ch Shoaib Saleem advocate said that the petitioners were terminated from service without assigning any reason and they have become a rolling stone while pursuing their cases for the last six years. Despite passing of orders by this court, their reinstatement is still pending for more than a year, he added. The committee was misguided by some officials of PEF and resultantly it acted beyond their jurisdiction and dismissed the petitioners’ case of regularization, he further argued. Ch Shoaib advocate pleaded that the committee was constituted in violation of the government’s notification despite the fact that PEF is statutory body which is crystal clear and written in the rules of business of government of Punjab. Feeling inclined to the arguments, the court summoned the secretary education and the PEF managing director in person to explain their positions and adjourned the case for February 25.
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