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2016 PLC (C.S.) 416

HUSSAIN vs PROVINCIAL GOVERNMENT

Citation2016 PLC (C.S.) 416
CourtGilgit Baltistan Chief Court
Case No.Writ Petition No.119 of 2015
Date2015-10-13
Judge(s)Wazir Shakeel Ahmed, Muhammad Alam
ResultPetition dismissed

' MUHAMMAD ALAM, J.--- This is a writ petition, whereby, petitioner has prayed for issuance of directions to the respondents for payment of arrears of his salaries from December 2014 till filing of this petition and onwards.

2. We have heard learned counsel for petitioner and have gone through the material available on file. It is alleged in the petition that petitioner is a government employee of BPS-02 in the department of PHE Division WASA Gilgit. In support of this fact, petitioner has filed copy of his appointment order which goes as under:- No.CG-3(8)12006/2329 Government of Gilgit-Baltistan Works Department Gilgit Circle Gilgit Dated: 30 Nov, 2012.

' OFFICE ORDER.

' As recommended by Executive Engineer PHE Division WASA Department Gilgit vide letter No.E- 16/Admin/ REC/2011 dated 28th September, 2012 is hereby adjusted against existing vacancy of Demand No.69 as Helper in regular footing in GB PWD in PHE Division Gilgit subject to medical fitness.

Mr. Hussain son of Abdul Siddique r/o Chakarkote Gilgit as Helper BPS-02.

His service will be governed under E&D Rules 1973.

Sd /xxx (Shaukat Ali Khan)

SUPERINTENDENT ENGINEER Tele#: 05811-920710 Fax#: 05811-920380 Distribution:-

1. XEN PHE Division Gilgit.

2. Dy: A.G.P.R. Gilgit.

3. P/concerned.

4. Office copy.

3. So we are satisfied that the petitioner is a regular employee of the department of PHE Division WASA Gilgit. The grievance of the petitioner that needs to be redressed is payment of his monthly salary from the month of December 2014. In this connection, we questioned the learned counsel for petitioner, that, what steps petitioner has so far taken, for recovery of the arrears of his salary as well as regular payment of the same on monthly basis as is done with all regular government employees? The learned counsel for petitioner failed to show any copy of any application of the petitioner, that he presented before the authorities concerned, who are responsible for payment of the same. We do not find any copy of any order of the AGPR concerned showing denial of payment of monthly salary of the petitioner on any ground. In these circumstances, we are of the opinion that the petitioner is bound to move the Service Tribunal for smooth payment of his monthly salary.

In our opinion, writ jurisdiction cannot be invoked for payment of salaries, particularly where the legal status of the petitioner as a regular government employee is not disputed at this stage of the case. So we are of the opinion that this petition is not competent in this court and merits dismissal.

Anyhow, petitioner is free to move the relevant forums for redress of his grievance of payment of arrears of salary as well as regular payment of monthly salaries.

4. With the above observation, we do not allow admission of this petition for regular hearing.

Admission refused. File be consigned to record.

Cited by 1 case

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