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1994 PLC (C.S.) 800

MUHAMMAD WAKEEL KHAN vs GOVERNMENT OF PUNJAB

Citation1994 PLC (C.S.) 800
CourtLahore High Court
Case No.Writ Petition No. 13002 of 1993
Date1993-10-27
Judge(s)Muhammad Arif
ResultOrder accordingly

ORDER

This order shall dispose of Writ Petitions Nos. 13002/93, 13006/93, 13007/93 and 13026/93 as the respective petitioners in them have canvassed similar points.

2. According to the learned counsel for the petitioners, all the petitioners were qualified `Health Technicians (Grade-9) but the respondent-Director Health Services has not inducted them into the said posts but against the posts of `Medical Assistants', which fall in Grade-16. The petitioners are not being paid the salaries for the last about 5-months and the concerned quarters have made an objection on their pay-bills. It is further argued that it is to the knowledge of the petitioners that a recommendation has been made by the concerned quarters for appointment of all the petitioners as `Health Technicians' by affecting conversion of the posts of `Medical Assistants', into those of `Health Technicians'.

3. It is an admitted position that the matter in relation to the pay is directly relatable to the terms and conditions of service of an employee. It is not even so much as alleged on behalf of the petitioners that they are left with no remedy to pursue their causes before the competent authorities in the department and/or the appropriate Service Tribunal. Even otherwise, the jurisdiction of this Court is clearly barred under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. When confronted with this situation, learned counsel was of the view that the matter in all the cases has no nexus with the terms and conditions of service of the petitioners and that the initial mistake committed by the respondent-authorities in the matter of induction into service of the petitioners against posts falling in Grade-16, is working great injustice to the petitioners, in that even the salaries for about'5 months in the past, have not been paid to them. Even such a grievance can best be attended to by the departmental authorities and/or the appropriate Service Tribunal. The petitioners way, if so advised, approach the concerned quarters for the redress of their grievances at their end. With the above discussion all these petitions stand disposed of.

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