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2015 PLC (C.S.) 1440

MAZHAR ABBAS SHAH vs MANAGING DIRECTOR PUNJAB SEED CORPORATION

Citation2015 PLC (C.S.) 1440
CourtLahore High Court
Case No.Writ Petition No.8887 of 2014
Date2014-10-30
Judge(s)Shah Khawar
ResultPetition allowed

ORDER

' SHAH KHAWAR, J.--- Case of the petitioner is that he was working in Punjab Seed Corporation, Pirowal. The petitioner during service applied for allotment of residential accommodation which was not allotted. Feeling aggrieved he filed W.P.No.1206/2005 followed by Cr 1 .Org.No.252/2005.

According to petitioner due to vengeance of filing writ petition in this court, respondents transferred the petitioner for which another W.P.No.1055/2008 was filed by him which was dismissed for non- prosecution on 29-10-2013. It is contended that the Deputy Director, Punjab Seed Corporation pressurized the petitioner to withdraw litigation from this court. It is averred that two employees of corporation namely Ghulam Qadir and Faqir Hussain attacked the petitioner and caused him injuries. Said matter was reported to the police of P.S. Cantt., Multan and a case FIR.No.16 dated 19- 1-2013 under section 382, P.P.C. Was registered against said persons. Petitioner also got lodged case FIR.No.32/2013 under section 409, P.P.C. Read with section 5/2/47 P.C.A. Against respondent No.5 and others for causing embezzlement in the department. Said act was also not liked by respondents and petitioner was proceeded against in terms of PEEDA Act, 2006 and finally minor penalty of stoppage of one increment for two years was imposed against him. Another W.P.No.4981/2013 was filed by the petitioner in this court which culminated into order dated 4-12- 2013 issued by respondents whereby petitioner was transferred from Multan. Feeling aggrieved petitioner filed W.P.No,15305/2013 before this Court challenging the transfer order dated 4-12-2013.

According to petitioner, after filing of said writ petition, respondents with mala fide intention stopped salary of petitioner. During pendency of said writ petition, petitioner was issued show cause notice for dismissal from service vide order dated 16-1-2014. The petitioner filed C.M.No.215/2014 in W.P.No.15305/2013 in which this court vide order dated 20-1-2014 suspended the impugned order. Finally both writ petitions were dismissed by this court on 23-1-2014 on the question of limitation and maintainability. The said order dated 23-1-2014 was challenged by the petitioner before learned Division Bench of this Court by way of fling Intra-Court Appeals Nos.67 and 80 of 2014. Said ICAs were also dismissed having not maintainable. It is further contended that during this period respondents withheld salaries of petitioner without any legal justification. After the dismissal of above ICAs, petitioner has impugned termination order from service which was dismissed on 30-10-2014 by this Court.

2. The prayer of petitioner is that he remained in service till 23-5-2014 when he was served with termination letter but his salary and other benefits were withheld by respondents w.e.f. 2-12-2013 till termination order. During this period he was not only denied the salaries but was not paid bonus amount of which the petitioner was entitled. In the same manner it is prayed that during the period of service the petitioner was also not provided medical leave and expenses incurred by him after having met with an accident.

3. Admittedly, petitioner was issued termination letter on 19-5-2014 but his salaries were withheld ever since December, 2013. Petitioner was entitled not only salaries but also annual bonus and expenses of medical treatment during this period. There is no justification of withholding salary of a civil servant even during pendency of departmental proceedings pending against him. A civil servant is entitled to all the salaries, service benefits, bonus and medical expenses till the date one is terminated from service. Petitioner is entitled to salaries, service benefits, annual bonus and reimbursement of medical expenses till the date when his services were terminated by respondents.

4. By allowing instant writ petition, respondents are directed to calculate the arrears of salary, service benefits, bonus and medical allowance of the petitioner within the period of 30-days and the same be paid to him without any fail.

Cited by 2 cases

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