HAFIZ TARIQ NASIM, J.--- Petitioner after retirement from Pakistan Army joined Lahore Museum as a security guard, drew salary (according to the last pay drawn by him at the time of his retirement from Pakistan Army), but his salary which was fixed on the basis of last pay drawn, was stopped, rather through order, dated 25-8-2008 recovery was directed to be made.
2. Leained counsel for the petitioner argued the case at length and submits that after fixing the petitioner's salary on the basis of his last pay drawn from Pakistan Army a lawful right had accrued in his favour, which could not be rescinded or recalled. Further submits that the recovery order is otherwise violative of law laid down by the Honourable Supreme Court of Pakistan reported as The Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi and another v. Jalaluddin PLD 1992 SC 207.
3. On Court's call, the Director, Lahore Museum is present in the Court along with record and submits that the pay fixation of the petitioner was made by his predecessor, but according to the record the recovery is ordered to be made on the basis of audit objection.
4. Learned Assistant Advocate-General as well as learned counsel for the respondent submit that as the order of fixing the petitioner's salary by the predecessor of the present Director was made on wrong interpretation of law and according to the provisions of General Clauses Act any illegal order can be withdrawn and any wrong can be rectified, so in the present case virtually wrong was rectified and no illegality was committed.
5. Arguments heard. Record perused.
6. So far the impugned recovery order is concerned, it cannot sustain in the field and as such is set aside on the strength of law laid down by the apex Court in the case of Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi and another v. Jalaluddin PLD 1992 SC 207. Resultantly, the respondent as well as the Accountant-General/Audit Officers are directed not to recover any amount from the petitioner's salary.
7. So far the matter regarding refutation of salary and its legality/illegality is concerned, it shall be appropriate to refer the matter to the Chairman, Board of Governors of Lahore Museum i,e, Chief Secretary Punjab with a direction to treat the writ petition as representation, go through the same and then decide the controversy strictly in accordance with law within two months from today.
Office is directed to send a copy of the writ petition along with this order to the Chief Secretary/Chairman, Board of Governors, Lahore Museum, for its compliance. Disposed of.