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2011 PLC (C.S.) 102

QAMARUDDIN vs PROVINCE OF SINDH and others

Citation2011 PLC (C.S.) 102
CourtSindh High Court
Case No.Constitutional Petition No,D-231 of 2010
Date2010-08-11
Judge(s)Gulzar Ahmed, Salman Hamid
ResultPetition allowed

ORDER

1. ' Comments have been filed by the respondent No,3. The appointment of the Petitioner as Junior Clerk by the respondent is not in dispute so also the fact that he has joined his duty and posted at Government College Kali Mori at Hyderabad and allowed to work at Government Boys College Kotri.

2. ' It is contended by the Counsel for the petitioner that the petitioner was appointed on 29-7-2009 and has joined duty on 30-7-2009 but no salary has been paid to him so far. The only reason in the comments for non-releasing of salary is that in the budget released by Finance Department, salary of 8 Junior Clerks are being drawn by Principal Government College Kali Mori Hyderabad, through computer pay and the petitioner's name is still not received from the Secretary Education Department by the District Accounts Office.

3. In the first place the appointment and posting of the petitioner is not disputed and in view of such admission there seem hardly the basis for not paying the salary of the petitioner. If there is provision for payment of salary to the 8 Junior Clerks there could also be provision for payment of salary to the petitioner more so when his appointment and posting is not disputed. Unless the petitioner remains in the employment, it is his Constitutional and legal right to receive the salary the denial of which will lead to serious consequences upon the respondents to the extent that certain cases may be registered against them and proceeded departmentally.

4. ' Consequently, we allow this petition and direct the respondents to release the salary of the petitioner from the date of his posting till date within a period of two weeks. It may further be noted that noncompliance of this order will connote to defiance of the Court order resulting in taking of appropriate action by this Court.

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