M. SALEEM CHAUDHRY (CHAIRMAN).--In this case, the appellant, Mrs. Amina Sultana, Headmistress of the Government Madrasa Taaleem-ul-Binat Middle School, Lahore, is aggrieved by the order dated 30th August, 1979 issued by the Secretary Education, whereby her representation to be nationalised as a teacher with effect from 31st October, 1972 and to be in continuous service with effect from 30th October, 1959 was turned down. The appellant also impugns the seniority list of her cadre issued on 4th February, 1975 which shows her to serial No. 61 whereas she should be next to serial No. 30.
2. Brief facts of the case are that the appellant joined the Madrasa Taleem-ul-Binat Middle School on 3rd October, 1959 as teacher. On 1st October, 1969 she is supposed to have proceeded on long leave without pay and resumed duty on 1st March, 1972. When the school was nationalised her name was not included in the staff list. On representation to the Minister of Education her appointment order as headmistress was issued on 18th December, 1972 and she joined duty on 1st January, 1973. The appellant claims salary and benefits from 1st December, 1973 the date of nationalisation, but the respondent department disputes her presence on the staff of the school on 14th March, 1972, the cut-off date for nationalisation of the staff of private schools.
3. The parties were heard. The record relating to the appellant's appointment as headmistress under Government Management and the enquiry held against her for allegedly showing herself falsely as a 'member of the school staff in March, 1972 was examined. The appellant contend--ed that she had duly proceeded on long leave on 1st October 1969 when she was headmistress and had re-joined the school on expiry of leave on 28th February, 1972. She had taken up with tile Management the ques--tion of her posting as headmistress but before that could happen the school was nationalised. Because of the machinations of certain persons including the then headmistress, she could not be installed as headmistress nor was her name sent among those of the working staff for nationalisa--tion. She stated that apart from other evidence, the report of the enquiry conducted against her by Miss. S. Hashmi, District Education Officer (W), Lahore as Authorised Officer, clearly showed that she was on the school staff on 14th March. 1972. She should, therefore, be taken to be in continuous service from 30th October, 1959 and as a nationalised teacher from 1st October, 1972.
4. The respondent department disputed the continuity of her service as well as being on the staff of the school on 14th March, 1972. It was contended that the appellant had left the school service on 1st March, 1972 as there was no record to show that she had proceeded on leave without pay.
According to the department, the appellant took advantage of disturbed conditions in the school at the time of nationalisation to secure the appointment of headmistress, and since she was not on the staff rolls on 14th March, 1972 she could not be considered in service from 1st October, 1972 as claimed by her.
5. Having heard the arguments from both sides we are inclined to place reliance on the enquiry report of Miss S. Hashmi, District Educa--tion Officer (W), Lahore, in, which, as Authorised Officer, she observed that the appellant produced before her copies of acquaintance rolls for the months from March 1972 to August 1972, weekly work diaries for the months of May and June, 1972 and attendance register of Class VIII. IX, and X of the school to show her presence on the staff. Miss Hashmi conceded that the appellant was a member of the staff since 1st tech, 1972. However, nothing has been placed before us to fortify the appellant's claim that she did not resign service but went on long leave on 1st October, 1969. In the absence of proper evidence it is not possible for us to accept this contention merely on oral observations.
In view of the above the appeal is partly accepted. The appellant will be considered to be a nationalised teacher with effect from 1st October 1972 on the basis of her being on the school staff on 14th March, 1972 and treated accordingly.