2007 PLP (C (PLC(CS))
MUHAMMAD NAQI Versus EXECUTIVE DISTRICT OFFICER (EDUCATION) and others
| Citation | 2007 PLP (C (PLC(CS)) |
| Forum / Court | Karachi High Court |
| Bench Members | Sabihuddin Ahmed, C.J. and Maqbool Baqar, J |
| Parties | MUHAMMAD NAQI Versus EXECUTIVE DISTRICT OFFICER (EDUCATION) and others |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP (C (PLC(CS))?
The case was heard and decided by the Karachi High Court bench comprising: Sabihuddin Ahmed, C.J. and Maqbool Baqar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP (C (PLC(CS)) (MUHAMMAD NAQI Versus EXECUTIVE DISTRICT OFFICER (EDUCATION) and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahid Marghoob for Petitioner.
- Manzoor Ahmed for Respondents Nos. 1 to 4.
Headnotes / Summary
Art. 199
Constitutional petition
Transfer from one place of working to another
Petitioner was transferred from one place of working to another, but his last payment certificate was not issued and he was unable to draw his salary since June 2001
Petitioner addressed letters to concerned Authorities, followed by reminders but in vain
Respondent Official made misleading statements in attempting to absolve himself
Constitutional petition filed by petitioner was disposed of by ordering that all payments due of petitioner be made within specified period with costs, in circumstances.
Judgment & Decree
The petitioner was working as a Primary School Teacher in the IA Government Boys Primary School No.2. Jet Lines, Karachi and was transferred to Ibrahim Ruben G.B.P.S., Firdous Colony, Nazimabad, Karachi in August, 2001. However, his last payment certificate (LPC) was not issued and therefore, he was unable to draw his salary ever since June 2001, he assumed duties at the new place of posting. He addressed various letters to officers at all levels i.e. concerned Assistant District Officer, Education upto the Chief Secretary to the Provincial Government as well as the legal notice through his counsel but received no redress. On 4-12-2003 the petitioner's representation was passed on by the Provincial Government to the E.D.O. Education which was followed by reminder dated 16th February, 2004. Nevertheless almost a full year was allowed to pass and the petitioner was constrained to approach this Court through this petition. Upon pre-admission notice the respondents Nos. 1 and 2 have personally appeared along with the learned counsel and no explanation has been furnished for causing such tremendous delay and depriving a School Teacher from receiving his salary. On the other hand some misleading statements were being made by the respondent No.1 in attempting to absolve himself until he was confronted with documents which he had actually received. Mr. Manzoor Ahmed, learned counsel for the CDGK representing frankly conceded that he had no ground to defend this petition and stated that the LPC, was being handed-over to the learned counsel for the petitioner in Court today. In the circumstances we would dispose of this petition by ordering that all payments due of the petitioner be made within two weeks from today along with cost of the Rs.25,000 each which may be disbursed by the C.D.G.K., which may be entirely at liberty to recovery such amount from the salary of the officers liable for causing such hardship and gross negligence. Let a copy of this order be communicated to the City Nazim, Karachi and Chief Secretary. H.B.T./M-154/K Petition accepted.