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Petitioner: BOOTA MASIH VS Respondent: GOVERNMENT OF PUNJAB
2000 P L C (C
2000 P L C (C.S.) 1040
[Lahore High Court]
Before Ihsan‑ul‑Haq Chaduhry, J
BOOTA MASIH
Versus
GOVERNMENT OF PUNJAB
Writ Petition No. 11158 of 1999, heard on 25th June, 1999.
Constitution of Pakistan (1973)---- ----Arts. 199 & 212---Constitutional petition---- Maintainability---Civil service---Question of terms and conditions of service--- Validity Pettioner was without posting and was not getting salary after transfer---Such a question being not related to terms and conditions of service, bar of a Art. 212 of Constitution of Pakistan (1973) was not applicable--- Constitutional petition was maintainable in circumstances.
Muhammad Nawaz Watto for Petitioner.
Muhammad Arif, Addl. A.-G for Respondent.
Date of hearing: 25th June, 1999.
JUDGMENT
The petitioner was transferred from General Hospital, Lahore to the office of respondent No. 1. The grievance voiced through this petition is that he is neither being given duty nor paid salary, The petition came up for limine hearing on 21‑6‑1999 when it was admitted to hearing and the respondents were issued notices. Rang Muhammad Arif, learned Addl. A.‑G, is present. Report on behalf bf respondent No. 1 has also been submitted.
2. It is argued that the petitioner cannot be kept on the street without any posting for indefinite period; It is added that it is sheer wastage of the Government funds and source of multiple hardships to the petitioners and his family members. The petitioner, who is a Class‑IV employee, is without salary and starving since his date of transfer i.e. 24‑12‑1998,
3. The respondents No, l has submitted report, according to para. 4 of the same the question of posting of the petitioner is actively under consideration in the office of respondent No.1 and his posting back to the General Hospital, Lahore, is similarly under consideration.
4. I have given anxious consideration to the arguments and gone through the report and parawise comments. The preliminary objection that the petition is not competent in view of Article 212 of the Constitution of Islamic Republic of Pakistan, 1973, is without any merits because it is not a question of terms and conditions but the petitioner is just asking for posting and salary as per the transfer order.
5. The admitted position is that, the petitioner was transferred on 24‑12‑1998, from the General Hospital, Lahore to the office of respondent No.1. There are classic cases of inefficiency, indifferent and in human attitude towards the low paid petty employees. It has resulted wastage of Government funds and man power. The petitioner was entitled to the posting immediately when he reported for duty in pursuance of the transfer order and realized the hardships of Class‑IV employee and his family members nor for a moment thought that the payment would have to be made later on without getting any work from him. There was no earthy reason to deprive him of the posting and salary except inefficiency.
6. The petition is accepted with Rs.5,000 as costs which shall be the responsibility of the respondent No.1 as Administrative Secretary of the department. He shall arrange for payment of salary to the petitioner as directed vide, order, dated 21‑6‑1999 and ensure that the petitioner is posted by 30th of June, 1999.
7. The petitioner has to be paid salary upto date. The next question which arises for determination is that Ay the Government should have suffer for negligence of either respondent No. l or his sub ordinances, therefore, respondent No. l is directed to fix the responsibility within 30 days, as to the officials responsible for this inaction and inefficiency, so the recovery could be started by the Accountant‑General, Punjab w.e.f 1st of August, 1999.
8. Mr. Muhammad Kamal, S.O., who is 'present, to convey these direction to respondent No. l forthwith.
Q.M.H./M.A.K./B‑67/L Petition allowed.