2014 PLP (C (PLC(CS))

SHOAIB SAEED, J.

Through this writ petition the petitioner has prayed that respondents be directed to make the payment of the arrears of the salaries of the petitioner outstanding against them and regular payment of future salary may also be ordered.

2. Succinctly, the facts of the case are that the petitioner was serving as Cotton Inspector Agriculture (Ext.) BS-17 at Kabirwala, District Khanewal and he was placed under suspension vide order dated 17-9-2012 passed by the Secretary to Government of the Punjab Agriculture Department, Lahore. He was directed to join the office of the Executive District Officer Agriculture Multan. He was working there and was drawing his salary from District Accounts Office, Khanewal. Respondent No.1 transferred one Qasir Abbas Cotton Inspector from Jahanian to the post of Cotton Inspector in the office of respondent No.3 vide order dated 28-2-2013. Respondent No.4 after the transfer of said Qasir Abbas stopped the salary of the petitioner. The petitioner approached respondent No.4 and requested him to release his salary on the ground that he is not competent to stop his salary but he refused to release the same, hence this writ petition.

3. Learned counsel for the petitioner contends that respondent No.4 is not competent authority to stop the salary of the petitioner and as per Punjab Civil Service Rules and Finance Department Government of Punjab Notification No.FD(FR) VI-17/93 dated 26-9-1993, rule 7.2 a Government servant under suspension shall remain entitled to the pay and allowance that he is drawing immediately before his suspension.

4. Conversely, learned counsel for the respondents has controverted the arguments advanced by the learned counsel for the petitioner. He contends that there is one post of Cotton Inspector (BS-17) in Tehsil Kabirwala and District Government has provided funds for one post under head Cotton Control Act. Consequent upon posting of Mr.Qasir Abbas predecessor of petitioner only one officer could draw pay from the allocated funds. Therefore, the pay of the petitioner was legally stopped by Deputy District Officer Agriculture (Extension) Kabirwala.

5. I have heard the arguments of the learned counsel for the petitioner and examined the case-law.

6. Admittedly, the petitioner was serving as Cotton Inspector and now he is placed under suspension. As per Punjab Civil Service Rules and Finance Department Government of Punjab Notification No. FD(FR) VI-17/93 dated 26-9-1993 rule 7.2 a Government servant under suspension shall remain entitled to the pay and allowances that he is drawing immediately before his suspension. Learned counsel for the respondents has failed to controvert the arguments advanced by the learned counsel for the petitioner. For the foregoing reasons, this writ petition is allowed and the respondents are directed to make arrangement of arrears of salaries of the petitioner as well as regular payment of future salary. JJK/m-229/L Petition allowed.