This petition has been filed for seeking a direction to the respondents so as for them to release the salaries of the petitioners wrongly withheld by them.
2. Learned counsel for the petitioners submits that the petitioners gained employment with the respondents in terms of Rule 17-A of the Punjab Civil Servants (Appointment & Conditions) of Service Rules 1974 since their parents had retired upon being declared incapacitated while in government service. While the petitioners have worked and have put in labour, the respondents on the misplaced belief based on an equally irregular notification of the Regulations Wing of the Services and General Administration Department dated 06.05.2021 have denied payment of salaries to the petitioners on the basis that since their parents retired upon being declared medically unfit in category-B, they could not be accommodated and paid salaries. This, according to the petitioners, is persecution and exploitation at its worst.
3. Learned Assistant Advocate General Punjab is present on Court call and submits that a judgment of this Court dated 03.06.2021 passed in Writ Petition No. 4396 of 2021 "Muhammad Ijaz vs. Government of the Punjab, Bahwalpur Bench", has already declared the notification dated 06.05.2021, emanating from the Regulation wing, as bad in law and of no legal effect. Informs the Court that an Intra Court Appeal was filed against the said judgment and the operation of the judgment was suspended purely on technical grounds. Submits that, however, these technical issues were taken care of and addressed during the second round when one Muhammad Waleed approached the Bahawalpur Bench of this Court in Writ Petition No. 6054 of 2021 and vide judgment dated 28.07.2021, notification dated 06.05.2021 was again declared to be of no legal effect and this time round, a full-dress hearing was conducted whereby all relevant stake holders including the concerned Administrative Secretaries of the Provincial Government were present and after allowing them a real and proper opportunity of defence, the petition was allowed and the notification in issue was set aside. He submits that this judgment still holds the field and no Intra Court Appeal has been filed against this judgment and which is why the respondents' refusal to release salaries to the petitioner is indefensible.
4. In 'this view of the matter, since the notification dated 06.05.2021 on the basis of which the respondents have refused payment of salaries to the petitioners does not exist anymore. there is no reason for the respondents to not to release salaries of the petitioners. Needless to add that Administrative instructions can never dilute the effect of statutory law or statutory rules. This is trite and needs no reiteration.
5. In addition the Regulations Wing has itself acknowledged this position of law by means of issuance of clarification dated 22.12.2021 which is being reproduced:- To The Deputy Accountant General, Office of the Accountant General Punjab, AG Office Complex, Turner Road, Lahore.
Subject: APPOINTMENT UNDER RULE 17-A ON THE BASIS OF INVALIDATION IN CATEGORY "B".
Reference your letter No. TM-l/H-3-11SCR12020- 21/2678, dated 02.12.2021 on the subject noted above.
2. The case has been examined in Regulations Wing, S&GAD and it is observed that Honourable Lahore High Court, Bahawalpur Bench, Bahawalpur vide order dated 03.06.2021 passed in writ petition No. 439612021 titled as Muhammad ljaz versus Government of the Punjab, etc. and dated 28.07.2021 passed in writ petition No. 6054/2021 titled as Muhammad Waleed versus Government of the Punjab, etc. have struck down the clarification of Regulations Wing, S&GAD bearing No. SOR- III(S&GAD) 2-61/2018, dated 06.05.2021 regarding appointment under Rule 17-A of PCS(A&CS) Rules, 1974, in case of invalidation of a government servant in category-B. Hence, the said clarification is no more in field. Moreover; Regulations Wing, S&GAD has not issued any letter, regarding stoppage of salaries of already recruited staff under rule ibid.
3. Foregoing in view, the Accountant General, Punjab is advised to comply with the orders passed by the Honourable Lahore High Court, Lahore in the Writ Petition No. 57463/2021, in letter and spirit, if the said order has attained finality.
6. Learned counsel for the petitioners also submits that in terms of a judgment of this Court passed in Writ Petition No. 51484 of 2019 such appointment under Rule 17-A had to be made on a regular basis from the date of initial appointment and not on contractual basis. Relies on Notifications of Government of the Punjab dated 29.10.2019 and 19.01.2021 which categorically, and unequivocally note and acknowledge what the counsel for the petitioner states.
7. This argument raised by the counsel for the petitioners in indeed interesting and worth consideration because of the presence of two notifications noted above and also on account of the law laid down in "Ali Ahmad v. Executive District Education Officer, Sialkot and another" (2014 PLC(C.S) 793).
8. In this view of the matter. Respondent No. 7 shall ensure, without fail, that salaries due to the petitioners are paid within ten days from today.
9. A copy of this petition is also dispatched to the Accountant General of Punjab who is directed to ensure payment of salaries to the petitioners. A copy of the judgment passed by this Court in writ Petition No. 6054 of 2021 "Muhammad Waleed vs. Govt. of Punjab" has been made a part of the file and a copy of this judgment shall also be shared with the official respondents by the office of this Court.
10. With these observations, this petition is disposed of.