2005 PLP 1032 (SCMR)

Ch. Muhammad Afzal Wahlah, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record (absent) for Petitioner. Irshadullah Bhatti, Asstt. Director (Legal) O/O the EDO(E) Hafizabad, Muhammad Yousaf Bhatti, District Education Officer and Abid Ali Shah, Asstt. Education Officer for Respondents. Date of hearing: 7th March, 2003. JAVED IQBAL, J.‑‑‑This petition for leave to appeal is directed against the judgment, dated 11‑2‑2000 passed by the learned Punjab Service Tribunal, Lahore (hereinafter referred to as "the Service Tribunal") whereby the appeal preferred on behalf of petitioner has been accepted without granting back‑benefits with the direction that the period during which the petitioner remained out of service "be treated as' leave of the kind due to him".

2. Precisely stated the facts of the case that petitioner was posted at Primary School Chuchak Markaz Pindi Bhattian and subsequently he was posted at Government Primary School Gaggay Markaz Jalal Pur Bhattian. The petitioner performed his duty for a period of three months at Markaz Gaggay and subsequently he was transferred to Primary' School Mubarah. The salary of the petitioner was withheld without any justification and in spite of various applications no order whatsoever was passed by the Deputy Director, Education Officer. The petitioner under such compelling circumstances filed a Writ Petition bearing No. 15173/95 in the Lahore High Court which was disposed of on 19‑11‑1995 with the direction that petitioner should approach the Service Tribunal for the redressal of his grievance. The department, without diligent application of mind and without having gone through the judgment of Lahore High Court amazingly terminated the services of petitioner on 29‑1‑1996 by misconstruing and misinterpreting the said judgment which was assailed before the Service Tribunal by whom the termination order, dated 24‑1‑1996 has been set aside vide judgment impugned by reinstating the petitioner in service with the direction that intervening period w.e.f. 24‑1‑1996 to 11‑2‑2000 be treated as leave of the kind due to him.

3. We have heard Ch. Muhammad Afzal Wahlah, learned ASC on behalf of petitioner whose prime contention is that the services of petitioner could not have been terminated pursuant to judgment dated 19‑11‑1995 delivered by the Lahore High Court which has been misinterpreted and misconstrued. We have also perused the judgment in question whereby no such direction was given but the petitioner was directed simplicitor to approach the Service Tribunal for redressal of his A grievance.

4. Mr. Irshadullah Bhatti, Assistant Director (Legal) and Mr. Muhammad Yousaf Bhatti, District Education Officer alongwith Mr. Abid Ali Shah, Assistant Education Officer are present and could not furnish any justification on the basis whereof the services of petitioner could be terminated. The petitioner had suffered a lot without any fault on his part due to the blunder committed by the department which is regrettable and speaks a volume about the efficiency and good governance of the department concerned.

5. In such view of the matter we are inclined to convert this petition into appeal which is accepted and judgment impugned is modified to the extent that the salary concerning the period from 24‑1‑1996 to 11‑2‑2000 shall be paid to petitioner within a period of four weeks under intimation to the Assistant Registrar of this Court at Lahore. M.H./B‑9/S Appeal allowed