PERVAIZ INAYAT MALIK, J.. -- The petitioner, joined the Education Department as S.S:T. Initially in Municipal Committee School, Kahror Pacca, which was nationalized alongwith other schools during the year .1972, where after, 3 cadres were introduced Municipal Cadre, nationalized cadre and general cadre, the petitioner 'obviously fall under the Municipal cadre.
Subsequently the Government formed the policy to bring the municipal cadre, as well as,the nationalized cadre a at par with general cadre and all service benefits admissible to the employees of general cadre were also allowed to the rest of the two cadres.
That since the petitioner as well' as other employees of both the above-referred two cadres were not being allowed benefits in accordance with the policy of the government by treating them at par with those of the general cadre, therefore, they resorted to the learned Punjab Service Tribunal, Lahore and were successful as the learned Punjab Service Tribunal held that all employees serving in which 'ever cadre, referred to- above were to be treated equally and " were entitled to have all service benefits, being allowed to the employees from. General cadre, the judgment of the learned Tribunal was assailed by the respondents before the Hon'ble Supreme Court of Pakistan which was dismissed, thus the judgment of the learned Punjab Service Tribunal attained finality. The authorities concerned including the respondents with a view to implement the afore-said judgments issued certain notifications which were to some extent implemented. It is with vehemence argued that the petitioner who on account of superannuation retired from .Government service about 10 years ago has not been allowed benefits in compliance with the judgments of, the Punjab Service Tribunal upheld by the Hon'ble Supreme Court of Pakistan.
2.. Conversely, the learned. Assistant Advocate General assisted by respondent No. 4 and on the strength of the comments filed by respondents, submits that the respondents have implemented the major portion of the afore -said judgments, however, the remaining part shall be implemented without any delay.
3. Arguments heard. Record perused.
4. In the report and comments the narration of the facts in the Constitution petition has been admitted in the comments filed by respondent No. 1 in reply to para 8, it has categorically been asserted that the case of the petitioner for ante dated promotion has been prepared and is being placed before the Departmental Promotion Committee in its meeting. For ready reference, the same is reproduced hereunder:- As regard part 8, it is submitted that working paper for ante-date promotion to BS-18 of the present petitioner has been prepared (Annexure "A") and being placed before the, forthcoming Departmental Promotion Committee Meeting. The case for move over/selection grade of the petitioner will be considered subject to eligibility on receipt of the case from lower formation.
5. It may be observed here that assertions made by the .Petitioner in the Constitution petition have almost been admitted, in any case, none of the assertions have been denied, Likewise the respondent District Accounts Officer/respondent No. 2 has also admitted narration of facts, however, regarding arrears of pay for the period from 21.9.1986 to 30.9.1991, payment of the same has been regretted on the ground of non-availability of the funds. Last para of the report is being reproduced hereunder - "In the light of above-stated submission this office is not in a position to make the payment of arrears of pay for the period 21.9.1986 to 30.9.1991 which pertains'to pre-devolution period unless the budget is provided by the provincial government.
It is requested that the suitable direction may kindly be issued to the respondent No. 1 to take = up the matter with the finance department for providing the Budget provision of Rupees 14,360/- to this office.
As soon as the budget is provided, arrear claim will be passed and revised L.P.C. Shall be issued to D.A.O., Lodhran.
So far the question of grant of scale B-18 by virtue of move over/selection grade/regular or BPS-19 is concerned, the lady officer may be asked to approach her parent department for the purpose."
The respondent No. 2 has also admitted the entire narration of facts.
6. As observed in preceding paras, the facts are not denied but in spite of the fact, that there is no factual controversy still the ground reality is that the petitioner who stood retired from government service ten years before has, not been paid benefits admissible to him under the law for one reason or the other. The so-called reasons assigned in the report and para-were comments by the respondents are unfounded. The petitioner is not at fault. There is no denying to the fact that she had rendered an unblemished service and gave her whole life to the department. Instead of rewarding her by appreciating her service, she on the other hand is being made to run from pillar to post and getting her salaries/emoluments, which must have been paid to her while she was in service and the pensionary benefits should have also been paid to her immediately after her retirement. Since the entitlement of the petitioner is not denied and all facts narrated in the writ petition stands admitted, therefore, this writ petition is allowed with costs throughout.
7. The respondents are directed to make the payment of outstanding/withheld salaries/arrears/benefits in compliance with the judgment of the learned Punjab Service Tribunal, upheld by the Hon'ble Supreme Court of Pakistan without further delay. It may be observed that getting the budget sanctioned from the government or placing the matter before the D.P.C. Or preparation of documents is none of the functions of the petitioner. It is the duty of the respondents being at the helm of the affairs to get the needful.
8. The judgments of 'Hon'ble Supreme Court as well as of learned Service Tribunal shall be implemented in letter and spirit without further delay. Respondent No. 1 Secretary Government of the Punjab Education Department shall also submit a compliance report to the Deputy Registrar (Judi.) of this Court within a period of 60 days from the receipt of this order. .