2004 PLP (C (PLC(CS))
TAHIRA PARVEEN Versus DISTRICT EDUCATION OFFICER (W.E.E.) WOMEN ELEMENTARY EDUCATION, MULTAN and another
| Citation | 2004 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Muhammad Khalid Alvi, J |
| Parties | TAHIRA PARVEEN Versus DISTRICT EDUCATION OFFICER (W.E.E.) WOMEN ELEMENTARY EDUCATION, MULTAN and another |
Q1: What are the key laws and sections cited in 2004 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Muhammad Khalid Alvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP (C (PLC(CS)) (TAHIRA PARVEEN Versus DISTRICT EDUCATION OFFICER (W.E.E.) WOMEN ELEMENTARY EDUCATION, MULTAN and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Tariq Rajwana for Petitioner.
- Muhammad Qasim Khan A.A.G. for Respondents.
Headnotes / Summary
Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Art.199‑‑‑Civil service‑‑‑Appointment on temporary basis‑‑‑Payment for period of maternity leave‑‑‑Petitioner who was appointed as Elementary English Teacher on temporary basis, availed maternity leave for number of months, but said period of leave was treated by the Authority as without pay‑‑Petitioner was in Government service since 1995 and service structure of category of employees in which petitioner fell, had not been framed by Authority‑‑‑Employees who though were inducted on temporary basis, but neither were removed nor any specific order of confirmation was passed with respect to their job, should be deemed to have been regularized‑‑‑Till such time competent Authority would frame service structure regarding petitioner's category, she was entitled to receive pay for period of maternity leave‑‑‑Authority, however would be at liberty to raise any claim against petitioner after confirmation of service structure, if it was so determined that petitioner was not entitled to such leave. C.Ps. Nos. 127, 4178, 4179 and 4180‑L of 2002 ref.
Judgment & Decree
Brief facts of the case are that petition was inducted in the Education Department as Elementary English Teacher vide order dated 20‑6‑1995 in BPS‑14 on temporary basis. She continued in the same capacity ever since and is still in service. She availed maternity leave w.e.f. 25‑9‑2002 to 23‑12‑2002. The said period of leave was treated by the respondents as without pay, through this Constitutional petition she prays for direction to the respondents to pay for the said period of maternity leave. A report and parawise comments were called for. According to the same, the competent authority has not yet framed the service structure of E.E.T., therefore, she is not entitled to maternity leave with pay. The learned Law Officer has also argued that still the matter is under consideration with the competent authority to frame the service structure of the employees failing in the category of the petitioner.
2. Learned counsel for the petitioner with reference to the judgment of the Hon'ble Supreme Court delivered in C.Ps. Nos. 127, 4178, 4179 and 4180‑L of 2002 dated 28‑3‑2003 contends that according to this judgment, the employees inducted in service on temporary basis, if neither removed nor any specific order of confirmation was passed, they will be deemed to have been regularized/confirmed after passing four years of induction on temporary basis.
3. I have considered the arguments of the learned counsel for the parties.
4. Admittedly the petitioner is in the service of Government of Punjab since 20‑6‑1995. It is also an admitted fact that service structure of the category of employees in which the petitioner falls has not so far been framed by the authority. In the light of the judgment rendered by the Hon'ble Supreme Court such employees were inducted on temporary basis, who were neither removed nor any specific order of confirmation was passed with respect to their job, should be deemed to have been regularized. In such circumstances, till such time the competent authority frames service structure regarding the petitioner's category she is entitled to receive pay for the period of maternity leave. Order accordingly. However the respondents will be at liberty to raise any claim against the petitioner after the confirmation of service structure if it is so determined that she was not entitled to such a leave. With this observation, this petition stands disposed of. H. B. T./T‑11/L Order accordingly.