1. ' Through this petition, the petitioner has prayed for the following relief:--
(a) That this Honourable Court may be pleased to direct the respondents Nos.1, 2 and 3 to send salary bills of the petitioners to respondent No,4 for releasing their payment of salaries and further be pleased to direct the respondent No,5 to provide funds for disbursement of salaries to the petitioners from January, 2007 till today and onwards.
2. ' Learned counsel for the petitioners, contended that the petitioners were appointed as Junior School Teacher vide orders dated 8-8-2005, 15-10-1993 and 30-9-1993. After the appointment, the petitioners had joined their duties and the respondents prepared their service books, but all of sudden, in the month of January, 2007, respondent No,4 refused to pass salary bills of the petitioners. He further contended that respondent No,3 after withholding salaries of the petitioners sent a letter dated 12-2-2007 directing Principal, Government Girls Higher Secondary School Kandhkot not to draw salaries of the petitioners. Learned counsel further contended that when respondent No,4 did not release salaries, the petitioners have filed Constitutional Petition No,D-60 of 2008 re: Mst. Meherun Nissa and others v. Province of Sindh and others and order was passed by this court on 28-5-2009 when learned Assistant Advocate-General had made statement that a Committee shall be constituted to make further scrutiny and decide appointment orders after notice to the petitioners. After that respondent No,2 held enquiry and passed order dated 13-1- 2009, holding that the appointment of the petitioners found genuine and correct, he recommended for release of salaries of the petitioners from September, 2009 and onwards but the respondent No,4 had refused.
3. ' Respondent No,2 has filed his parawise comments, he in para No,5 of the comments has stated as under:- "That the contents of paras Nos.8 and 9, in obedience to the orders passed by Honourable Court under C.P. No,D-601 the respondent No,2 (i,e,) Executive District Officer (Education) Kashmore Kandhkot called report from concerned Principal regarding genuineness of petitioner as report received from Principal, which was self-explanatory. Hence the order of withholding of salaries of respondent No,2, was withdrawn and directed to respondents Nos.3 and 4 to release the salaries of petitioners vide order No,EDO(Edu)/1080/2009 dated 13-11-2009 "
4. ' Whereas respondent No,4 has filed his parawise comments. Para 5, 8 and 10 of his comments are reproduced as below:--- (5). The petitioners appear, eligible for salary of duty period in case sanctioned strength is available with required budget grant placed at the disposal of .Concerned DDOs of the petitioners.
5. ' The orders passed by this Honourable 'Court in C.P. No,D-601 of 2008 were partially implemented as contained in order No,1060 dated 13-11-2009 issued by respondent No,2, the contents of its concluding Para denote that final, report is awaited.
(10) The petitioners were allowed salary from September, 2009 onwards subject to decision for remaining period for which final report is waited which need to be expedited from respondent No,2.
6. ' Respondent No,5 in his para-wise comments in paras No,3, 4 and 8 has stated as under:---
(3) The Service books of petitioner teachers were, got verified from concerned Head Mistresses (Mst. Hameeda Awan now retired) Government Girls High School and Mst. Shamshad Siyal, ADOE Female, Kandhkot. Mst. Hameeda stated vide her statement dated 18-11-2008 that "this is with reference to this office letter No,2065 dated 5-11-2008" Annexure-C". She stated that she hereby state with full certainty and responsibility that the signatures on service books of Mst. Mehrun Nisa.
7. Shazia and Naseema are not genuine. She categorically denied these signatures to be her.
8. Therefore, she stated that the signatures under question may be treated as bogus. In this connection she replied to extend her full cooperation "Annexure Dn. Similarly, Mst. Shamshad Siyal vide her letter No,ADOE(FE)/1113-1 dated 10-11-2008 denied the genuineness of her signatures recorded on service books of petitioners Mehrun-Nisa and Shazia. Thus, she termed signatures as tainted, bogus and fake.
(4) The letter was sent to the Civil Surgeon, Civil Hospital Jacobabad vide this office letter No,EDO (F&P)/2100/2008 dated 12-11-2008 "Annexure F" regarding genuineness of the medical fitness certificates. The Civil Surgeon Civil Hospital Jacobabad vide his letter No,CHJ/5150/2008 dated 20- 11-2008 conveyed that physical fitness certificate in respect of four teachers viz Shazia. Naeema Rizwana and Reehana are bogus and not issued by his office. Regarding Mehrun Nissa, learned Civil Surgeon conveyed that record was not traceable.
(8) Para No,8 is admitted. In light of decision of the 'Honourable High Court the DCO Kashmore @ Kandhkot constituted committee of five persons to conduct the enquiry about the genuineness of the appointments vide order No,IA/1962 dated 29-10-2008, the enquiry committee was established on report from Executive District Officer (F&P) as Chairman, Executive District Officer (Education) as Member, D.O. Education (S.H/S) as Member, D.O. (SEMIS) as Member. The committee conducted the enquiry and completed report. A copy of report declaring all the employees as fake is submitted as "Annexure-I".
9. We have heard learned counsel for the petitioners, learned Addl. A.-G. Along with respondent No,5 and perused the relevant record with their assistance. The main grievance of the petitioners is that they have been appointed after completing all the codal formalities in the year 1993. Respondent No,5 with ulterior motive and with mala fide intention has refused to pass the salary bills of the petitioners from January, 2007. Though the respondent No,5 has no power or authority to refuse passing of salary bills of the petitioner as competent authority has already reported that the appointment and documents produced by the petitioners are genuine. On the other hand Mr. Abdul Hamid Bhurgari, learned Addl. A.-G. Contended that documents produced by the petitioners are fake and bogus which is clear from the report of the competent authority.
10. ' After having heard learned counsel for the respective parties and perusal of record, we are of the considered view that the petitioners are serving in Department since 1993 up to year 2006 and suddenly respondent No,5 refused to pass salary bills of the petitioners which he has no authority to refuse from passing of salary bills as the competent authority has submitted salary bills of the petitioners being genuine one. As the petitioners are serving, in department, they have A vested right that their salaries should be paid to them and if their documents or their appointment are fake and bogus, the department should have taken action against them but here even no show- cause notice according to Sindh Civil Servants (Efficiency and Discipline) Rules, 1973 was issued to petitioners. In these circumstances, we allow this petition and direct the respondent No,5 (Executive District Officer) Finance to release the salary bills of the petitioners within a period of two weeks.
11. ' With the above observation, this petition stands disposed of.