2006 PLP (C (PLC(CS))

JUSTICE (RETD.) ABDUL GHANI SHAIKH, (CHAIRMAN).

These two appeals involve common questions of facts and law; whereby consent of the parties counsel heard together and are being disposed of through this common judgment.

2. Facts relevant for the purpose of disposal of these appeals are that both the appellants on the basis of Matriculation were appointed as untrained Primary School Teachers vide order dated 15-2-1996 and 31-10-1995 respectively by the District Education Officer (Female), Nawabshah, at fixed salary of Rs.1,480 per month. They were posted at Government Girls Primary School, Niazi Khan Siyal and Mian Shoro During service they were deputed for PTC training, which they successfully completed. Their service books were also maintained and they were assigned G.P. Fund Account numbers which was regularly deducted from their monthly salaries. During service appellant Atia Khatoon obtained B.Ed. degree so also Masters Degree in Islamic Culture, she was thus allowed three advance increments on the basis of higher qualification, while appellant, Musarat Khatoon passed B.A. They were being paid salary through cheques drawn at National Bank of Pakistan, Sakrand/Nawabshah, upto May and February, 2000. Suddenly without any reason and written order their salaries along with many other teachers were stopped. On inquiry, they were informed that their salaries were stopped at the directives of Army Monitoring Cell. Some of appellants colleagues Mst. Rukhsana Soomro and others preferred Constitutional Petitions Nos.127 to 133/2001 before the Honourable High Court of Sindh, Circuit Court, Hyderabad, which vide order dated 1-9-2001 were disposed of on the basis of comments filed by District Officer Education (M/F), Elementary, Nawabshah and the assurance of learned Addl. A.-G. that the said petitioners will be paid their salaries within 30 days. The present appellants, however, after availing departmental remedy, approached this Tribunal, praying for release of their salary.

3. Learned counsel for the appellants argued that action of stoppage of salary being illegal, ab initio null and void is liable to be struck down. He stated that appellants were appointed after fulfilling all the codal formalities, they completed required training, their service books were maintained and they were allotted G.P. Fund numbers and such deduction was also made from their salaries, but suddenly on the directives of Army Monitoring Cell, Nawabshah, their salaries were stopped. He submitted that appellants are still performing their duties and under the law they are entitled to salary. He relied upon an unreported judgment passed in Appeals Nos.48 and others (Mrs. Pushpa Bai and others) decided on 14-12-2004 by this Tribunal, 2000 PLC (C.S.) 784; 2004 PLC (C.S) 463, 2005 PLC (C.S.) 102, 2004 PLC (C.S.) 301=2004 SCMR 303, 2005 SCMR 57 and 2005 PLC (C.S.) 181.

4. Learned Asstt. A.G. while referring the written statement filed on behalf of respondents Nos.3 and 4, simply stated that salaries of appellants were stopped at the directions of Army Monitoring Cell, Nawabshah and that the record of appointments made during 1993, 1995 and 1996 has been taken away by the Anti-Corruption Establishment. She admitted that there is nothing adverse against the appellants and that no disciplinary proceedings were initiated against them.

5. On careful consideration of the arguments advanced before us and perusal of the documents placed on the record, it appears that appellants served the department for quite considerable period for over 4 years and they were paid salaries. During their service they also acquired necessary training. Suddenly, without any reason and written order their salary was stopped from March/June, 2000. Their salary as per respondent's plea was stopped at the directives of Army Monitoring Cell (Education). Nawabshah, but no such order has been produced. In any case, it is only the prerogative of the respondents to pass such orders purely in accordance with law and after observing requisite mandatory formalities, but admittedly no such exercise was undertaken. In a case of Qazi Akhtar Ali v. Director of Agriculture (Economics and Marketing), Lahore and others (2000 PLC (C.S) 784), it has been observed that if the employee is made to work without payment of salary it would be against Islam which envisages payment of wages before sweat of toil dried up. This act would also violate of the principle of policy contained in Chapter 2, Part-II of the Constitution as also Article 3 of the Constitution, which casts duty on the State to eliminate all forms of exploitation.

6. It is not the case of respondents that appellants are not performing their duties or they have been terminated/removed from service. Therefore, action of stoppage of salaries is neither legal nor proper and justified, which causes a grave miscarriage of justice. In the similar circumstances, this Tribunal allowed Appeals Nos.48 of 2004 and 5 others (Mrs. Pushpa Bai and others v. Executive District Officer, Education, Tharparkar at Mithi and others) vide judgment dated, 14-12-2004, the case of present appellants being identical they are also entitled to same benefit and treatment.

7. Accordingly, these appeals are accepted and orders relating to stoppage of their salaries are set aside. The respondents are directed to release their salary along with all dues. The respondents would, however, be at liberty to hold a full-fledged regular inquiry in respect of genuineness or otherwise on the posting/appointment orders purely in accordance with law. No order as to costs.

8. Announced in open Court. H.B.T./45/KST??????????????????????????????????????????????????????????????????????????????????? Appeals accepted