2009 PLP (C (PLC(CS))

MUNIB AHMAD KHAN, J.

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3. In view of order, dated 2-2-2009 these applications have become infructueus as the amended title has already been filed. 4 and

5. This is a petition by 202 petitioners. Learned counsel for the petitioners has filed details in respect of two persons to whom salary has been paid and stated that these persons were appointed by the Assistant District Officer (A.D.O.) but have been treated properly employed persons. The grievance of 202 petitioners is that they were appointed in the year 2007 in lower post of Naib-Qasid, Driver and Chowkidar, they performed their duties in different educational institutions but they have not been paid any salary despite the fact that they were issued offer letters and submitted their joining report and there was no .complaint from their immediate bosses in past more than year. Learned Assistant Advocate-General present along with E.D.O. Education, Ghotki and District Accounts Officer, Ghotki, submits that out of 202 petitioners 140 have been regularized and being paid salaries and cases of six more persons have been processed while 27 persons had net reported for duty and that some appointments Were bogus. The main objection of the respondent is that some of the persons were appointed by the A.D.O. who was not competent to issue appointment letters; therefore, after scrutiny only 146 persons have been included for appointment. Learned counsel for the petitioner has submitted two orders in respect to two persons namely Ghulam Shabir son of Niaz Muhammad Mahar and Punhoon son of Muhammad Sohrab Mirbahar who have apparently been appointed by the A.D.O. as per relevant documents but have been paid salaries by the Government. On query the E.D.O. submits that it is the fault of the District Accounts Officer while Assistant District Accounts Officer submits that the bills were routed by the A.D.O. and were sent for confirmation to E.D.O. and after confirmation from concerned office salary has been paid. It appears that there was no complaint from the concerned officers of the institutions that the petitioners were not working or not attending the office. There is nothing on record that the person (A.D.O.) who has incompetently appointed the petitioners has not been taken to task or as to what disciplinary action has been taken against the A.D.O. who allegedly appointed these persons as apparently in the process of appointment, medical report, issuance of appointment letters and submission of joining report involve so many departments but all has gone unnoticed while the report of joining must have been submitted by the concerned offices to the parent department but no action has ,been taken while the persons remained working. It has also been pointed out that two persons who have been appointed by the A.D.O. have been paid salaries but District Accounts Officer is levelling allegation against the E.D.O. that he had not noted that thing and the E.D.O. is reciprocating in same way by stating that it was fault of District Accounts Officer. In such a situation it is clear that Education Department has failed to discharge its responsibility by not taking the process of appointment in proper way and has also not taken any action against the persons who have allegedly appointed the petitioners illegally. All the above factual position from invitation of application to issuance of appointment letter must have taken considerable time but surprisingly every concerned officer was in slumber sleep. The factual position coming on record also shows that more than 200 persons have filed petition having grievance against the Government and thereafter Government has recognized appointment of 140 persons which shows that the said has also been done on pressure of the petition. The working of the Government as well as excuses forwarded by the Government officials by tossing the allegations on each other is not sufficient to believe their version and petitioners who have admittedly been Working on their posts for a longer period, cannot be deprived on the excuses that something has been done by incompetent officer under the nose of senior officials. This aspect itself needs strict action against the persons found involved in all this melee. Keeping in view that all these petitioners are working in their departments, we cannot approve and appreciate the conduct of the Government officials as internal management and governance is responsibility of the Government; therefore, this petition is allowed along with the listed applications, with direction that all the petitioners be adjusted on the posts they are working and be paid salaries and their dues within a period of one month, while action be taken against the officers who are found involved in dereliction of their duties. H.B.T./M-174/K Petition allowed.