2005 PLP (C (PLC(CS))
RAFIQUE AHMAD Versus DISTRICT EDUCATION OFFICER and another
| Citation | 2005 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Sh. Hakim Ali, J |
| Parties | RAFIQUE AHMAD Versus DISTRICT EDUCATION OFFICER and another |
| Primary Law | Punjab Civil Services Rules |
Q1: What are the key laws and sections cited in 2005 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Civil Services Rules as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Sh. Hakim Ali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP (C (PLC(CS)) (RAFIQUE AHMAD Versus DISTRICT EDUCATION OFFICER and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Ghaffar Bhutta for Petitioner.
- Representative of District Education Officer, Rahimyar Khan for Respondents.
- Date of hearing: 30th March, 2004.
Headnotes / Summary
Volume-1, Chapter, VII, Rr.7.2 & 7.5
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Arrest and conviction of (Civil Servant) petitioner
Entitlement to pay and allowance
Petitioner, who was arrested in criminal case on 13-9-1999, was convicted and sentenced on 1-7-2002 and appeal against order of his conviction and sentence was pending adjudication
Petitioner was suspended from service from the date of his arrest, i.e. 13-9-1999
Petitioner was entitled to grant of pay with allowances which he was drawing immediately before his suspension in accordance with R.7.2 of Punjab Civil Services Rules uptill 1-7-2002 when his conviction was recorded by Additional Sessions Judge
Regarding period commencing thereafter, competent Authority had to decide case of petitioner in accordance with R.7.5 of Punjab Civil Services Rules
Authorities were directed to disburse full pay and allowance for the period ranging from 13-9-1999 to 1-7-2002 to the petitioner and to decide his case for the period thereafter in accordance with R.7.5 of Punjab Civil Services Rules. Ahmed Mansoor Chishti, A.A.-G. along with Muhammad Ayaz
Judgment & Decree
Through this writ petition, the petitioner has sought the indulgence of this Court for issuance of direction to respondents to pay his suspension allowance. The case of the petitioner is that while posted as Chowkidar at Government Girls Primary School Chak No.69/P. Dera Muhammad Yaseen. Tehsil Khanpur, he was arrested in a criminal case bearing F.I.R. No.328 of 1999 dated 13-9-1999, registered under sections 302/324/337-A/337-D/337-F/148/149, P.P.C. with Police Station Zahir Pir, District Rahimyar Khan. On 13-11-1999, the petitioner was suspended from service w.e.f. 13-9-1999 through an order passed by the Deputy District Education Officer (WEE), Khanpur. The petitioner was convicted through judgment dated 1-7-2002 passed by learned Additional Sessions Judge. Rahimyar Khan against which appeal filed by him was pending. Since 13-9-1999 till 1-7-2002 the petitioner was entitled to the grant of pay with allowance under rule 7.2 and thereafter up till the final decision of the case under rule 7.5 of the Civil Service Rules (Punjab). The order was to be passed by the competent authority as to the entitlement of the petitioner to his pay and allowances but the respondents have shown slackness and inaction in the case of the petitioner. Learned counsel appearing on behalf of the petitioner submits that a writ be issued against the respondents to comply with the relevant provisions of Civil Service Rules (Punjab).
2. Learned A.A.G. has very fairly conceded to the proposition of law.
3. After considering the arguments of the learned counsel of the petitioner and coments of the learned A.A.-G. I have found that the petitioner who was arrested on 13-9-1999, was entitled to the grant of pay and allowances which he was drawing immediately before suspension in accordance with rule 7.2 of the Civil Service Rules (Punjab) uptill 1-7-2002, when his conviction was recorded by the learned Additional Sessions Judge, Rahimyar Khan. As regards" the period commencing thereafter, the competent Authority has to decide the case of the petitioner in accordance with rule 7.5 of the Civil Servant Rules (Punjab), keeping in view the extent, the petitioner would be entitled to draw pay and allowances. So, the respondents are directed to disburse kill pay and allowances for the period ranging from 13-9-1999 to 1-7-2002 to the petitioner and to decide the case of the petitioner for the period ensuing thereafter in accordance with rule 7.5 of the Civil Service Rules (Punjab). With this direction, the writ petition is disposed of. H.B.T/R-131/L Order accordingly. ***