SH. HAKIM ALI, J.-Through this writ petition, the petitioner has sought the indulgence of this Court for issuance of a direction to respondents to pay his suspension allowance. The case of the petitioner is that while posted as Chowkidar at Government Girls Primary School, Chak No. 69/P Dera Muhammad Yaseen, Tehsil Khanpur, he was arrested in a criminal case bearing FIR No. 328/1999 dated 13.9.1999, registered under sections 302/324/337-A/337- D/337-F/148/149, PPC with Police Station Zahir Pir, District Rahimyar Khan. On 13.11.1999, the petitioner was suspended from service w.e.f. 13.9.1999 through an order passed by the Deputy District Education Officer (WEE), Khanpur The petitioner was convicted through judgment dated 1.7.2002 passed by learned Additional Sessions Judge, Rahimyar Khan against which appeal filed by him was pending. Since 13.9.1999 till 1 7.2002, the petitioner was entitled to the grant of pay with allowances under Rule 7.2 and thereafter up till the final decision of the case under Rule 7.5 of the Civil Service Rules (Punjab). The order was to be passed by the competent authority as to the entitlement of the petitioner to his pay and allowances but the respondents have shown slackness and action in the case of the petitioner.
Learned counsel appearing on behalf of the petitioner submits that a writ be issued against the respondents to comply with the relevant provisions of Civil Service Rules (Punjab).
2. Learned A.A.G, has very fairly conceded to the proposition of law.
3. After considering the arguments of the learned counsel for the petitioner and comments of the learned A. A.G, I have found that the petitioner who was arrested on 13.9.1999, was entitled to the grant of pay and allowances which he was drawing immediately before suspension in accordance with Rule 7.2 of the Civil Service Rules (Punjab) uptill 1.7.2002, when his conviction was recorded by the learned Additional Sessions Judge, Rahimyar Khan. As regards the period commencing thereafter, the competent authority has to decide the case of the petitioner in accordance with Rule 7.5 of the Civil Service Rules (Punjab), keeping in view the extent, the petitioner would be entitled to draw pay and allowances. So, the respondents are directed to disburse full pay and allowance for the period ranging from 13.9.1999 to 1.7.2002 to the petitioner and to decide the case of the petitioner for the period ensuing thereafter in accordance with Rule 7.5 of the Civil Service Rules (Punjab).
With this direction, the writ petition is disposed of.