2012 PLP (C (PLC(CS))
MUJEEBUR REHMAN and 24 others Versus PROVINCE OF SINDH through Secretary Education, Education Department, Government of Sindh and 3 others
| Citation | 2012 PLP (C (PLC(CS)) |
| Forum / Court | Sindh High Court |
| Bench Members | Amir Hani Muslim and Abdul Hadi Khoso, JJ |
| Parties | MUJEEBUR REHMAN and 24 others Versus PROVINCE OF SINDH through Secretary Education, Education Department, Government of Sindh and 3 others |
| Primary Law | Sindh Civil Servants Act (XIV of 1973) |
Q1: What are the key laws and sections cited in 2012 PLP (C (PLC(CS))?
This judgment primarily cites: Sindh Civil Servants Act (XIV of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP (C (PLC(CS))?
The case was heard and decided by the Sindh High Court bench comprising: Amir Hani Muslim and Abdul Hadi Khoso, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP (C (PLC(CS)) (MUJEEBUR REHMAN and 24 others Versus PROVINCE OF SINDH through Secretary Education, Education Department, Government of Sindh and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Sulleman Dahri for Petitioners.
- Allah Bachayo Soomro, Addl. A.-G. Sindh with Mir Osaf A. Talpur, Additional District Accounts Officer, Tando Allahyar and Mirza Imam Ali Baig, Regional Director Colleges for Respondents.
Headnotes / Summary
S. 17
Constitution of Pakistan, Art. 199
Constitutional petition
Non-payment of salaries on ground of unauthorized appointment
Admitted position that the petitioners were still working in the Department and salaries had not been released to them on the intervention of the Finance Department
As long as a person after appointment was working in the Department, his salary could not be stopped
Instruction of the Finance Department to withhold salaries of the petitioners without their removal from service in accordance with the law, was contrary to the law of civil servants
High Court directed the authorities to release salaries to the petitioners and continued payment of salaries to them as long as they were not removed from the Department in accordance with the law
Constitutional petition was disposed of accordingly.
Judgment & Decree
AMIR HANI MUSLIM, J.
It is an admitted position that the petitioners are still working in the department and salaries have not been released to them on the intervention of the Finance Department. According to Mirza Imam Ali Baig the Regional Director Colleges Hyderabad, till date the petitioners are performing their duties and they have not been removed from service but they have not been paid salaries, for which the Education Secretary is authorized. We could not understand as to how a person in service can be stopped salary on the ground that he has been unauthorizedly appointed and he is also allowed to work. As long as a person after appointment is working in the Department, his salary cannot be stopped. Law provides procedure for removal of a civil servant which the government should follow. We in the given circumstances, direct the respondents and the Finance department to release the salaries of the petitioners forthwith and they will continue to get their salaries as long as they are not removed from the Department in accordance with law. We may observe that such instruction of the finance department to withhold salaries of the petitioner, without their removal from service in accordance with law, is contrary to the Civil Servants Law. We in future, if confronted with such an eventuality would take action against the finance department. Non compliance of any of the directives of this Court will expose the concerned officials to contempt proceedings. Compliance to be made within 15 days. The petition stands disposed of in the above terms. K.M.Z./M-12/K Petition disposed of.