ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D- 88 of 2009

DATE ORDER WITH SIGNATURE OF JUDGE

For Katcha Peshi.

19.5.2010.

Khwaja Ayatullah, Advocate for the petitioner.

Mr. Allah Bachayo Soomro, Additional Advocate General Sindh a/w EDO Education Sanghar.

Through this petition, the petitioner who is a Primary School Teacher, seeks release of her salary w.e.f. 31.08.2007.

Briefly, the petitioner was reappointed on 13.06.2005 as Primary School Teacher and has been paid salary upto the month of June, 2007 and thereafter payment of salary was stopped to her.

Mr. Allah Bachayo Soomro, learned Additional A.G submits that there was a general order issued by E.D.O Education Sanghar on 23.06.2005 whereby all the re-instatement orders issued w.e.f. 04.06.2005 till 23.6.2005 by the District Officer Education were withdrawn and therefore, services of the petitioner were dispensed with, however, perusal of order dated 13.06.2005 of the District Officer Education (Elementary) Sanghar reflects that the petitioner was treated as fresh appointee and was not re-instated in service. Learned Additional A.G as well as E.D.O Education Sanghar have further failed to explain that in case services of the petitioner were dispensed with in terms of the general order dated 23.06.2005 then as to why she was paid her salary upto June 2007. It further appears to be an admitted position that no termination letter whatsoever was ever served upon the petitioner.

The learned counsel for the petitioner has also referred to a letter dated 20^th Septemeber 2006 issued by Assistant District Officer Education (Elementary) Sanghar to show that the petitioner was also sent for in-service training of Primary School Teachers which according to learned counsel, the petitioner had successfully undertaken and continued to serve as a Primary School Teacher during all this period. He has also drawn our attention to the salary statement of the petitioner maintained in Habib Bank Limited Sanghar Branch which reflects that during 1.7.2006 to 30^th June 2007, the salary of the petitioner was credited in account of the petitioner.

The learned Additional A.G assisted by EDO Education Sanghar while confronted with hereinabove facts, could not produce any document to controvert the contention of the petitioner regarding her appointment, joining and performing her duties as a Primary School Teacher since her appointment dated 13^th June 2005. As regards disbursement of the salary to the petitioner, the learned Additional A.G submitted that perhaps the same was on account of misrepresentation by the petitioner. However, the learned Additional A.G could not produce any document to support such allegation.

Mr. Allah Bachayo Soomro, the learned Additional A.G at the end submitted that instant petition is not maintainable as the same relates to terms and conditions of the employment. We do not find any force in this submission of learned Additional A.G for the reasons that the petitioner has not impugned any action of the respondents relating to terms and conditions of the service, on the contrary the petitioner seek directions against official respondents who have failed to perform their duties in accordance with law by withholding the salary of the petitioner without any reasonable ground or legal justification. In number of identical cases, this Court has already held that in absence of any termination letter or proceedings initiated against the employee as per law, the appointment of that employee cannot be withdrawn/cancelled through an omnibus order and has further directed immediate release of the salary to the incumbent. We see no reason to take any different view in the case of instant petitioner, therefore, we allow the instant petition by directing the respondents to release the salary of the petitioner w.e.f. July 2005 forthwith. However, the respondents would be at liberty to take action against the petitioner if any, but strictly in accordance with law.

The petition stands disposed of in the above terms.

JUDGE

Tufail