' MUHAMMAD KHALID ALVI, J.---Brief facts of the case are that petitioner was inducted in the Education Department as Elementary English Teacher vide order dated 20-6-1995 in BPS-14 on temporary basis. She continued in the same capacity ever-since and is still in service. She availed maternity leave w,e,f, 25-9-2002 to 23-12-2002. The said period of leave was treated by the respondents as without pay, through this constitutional petition she prays for direction to the respondents to pay for the said period of maternity leave. A report and parawise comments were called for. According to the same, the competent authority has not yet framed the service structure of E.E.T, therefore, she is not entitled to maternity leave with pay. The learned Law Officer has also argued that still the matter is under consideration with the competent authority to frame the service structure of the employees falling in the category of the petitioner.
2. Learned counsel for the petitioner with reference to the judgment of the Hon'ble Supreme Court delivered in C.Ps. Nos. l27, 4178, 4179 and 4180-L/2002 dated 28-3-2003 contends that according to this judgment, the employees inducted in service on temporary basis, if neither removed nor any specific order of confirmation was passed, they will be deemed to have been regularized/confirmed after passing four years of induction on temporary basis.
3. I have considered the arguments of the learned counsel for the parties.
4. Admittedly the petitioner is in the service of Government of Punjab since 20-6-1995. It is also an admitted fact the service structure of the category of employees in which the petitioner falls has not so far been framed by the authority. In the light of the judgment rendered by the Hon'ble Supreme Court such employees were inducted on temporary basis, who were neither removed nor any specific order of confirmation was passed with respect to their job, should be deemed to have been A regularized. In such circumstances, till such time the competent authority frames service structure regarding the petitioner's category she is entitled to receive pay for the period of maternity leave. . However the respondents will be at liberty to raise any claim against the petitioner after the confirmation of service structure if it is so determined that she was not entitled to such a leave. With this observation, this petition stands disposed of.