1. ' ABDUL MAJID KHANZADA (CHAIRMAN).---The brief facts, as stated by the appellant are that she was appointed as Primary School Teacher PST) vide Order No,DEO(F) (PRI) Estt: D-1/1993-94, dated 5-91994. However, she joined on 7-9-1994. After passing PTC she was allowed running Pay Scale of PTC Teacher w,e,f, 1-4-1996 photocopy of such letter which is filed alongwith the memo., of appeal as Annexure 'N' at page 69 is, dated 2-6-1997. Appellant has also filed a photocopy of her Service Book as Annexure 'C'; which is duly attested by Sub-Divisional Education Officer (Female) Dadu. She has also filed a photocopy of an office Order, dated 6-3-1995 as Annexure 'H' at page 57 wherein the appellant was transferred from one School to other. She has also filed a joining report as Annexure 'I' at page 59. She has also filed a. Photocopy of G.P. Fund deduction receipt, dated 28-9- 1994 as Annexure 'J' at page 61. She has filed the certificate as Annexure 'K' at page 63 whereby D.E.O. (Female) Dadu has certified that Mst. Rehana Yasmeen d/o. Ghulam Mustafa Memon (the appellant) is serving in Education Department since 7-9-1994 and at present she is working in Primary Girls School Shamsabad Mohalla Dadu. This certificate is, dated 25-7-1996; She has also filed photocopy of the Visit Book whereby S.D.E.O. (Girls) Dadu has visited Government Girls School Shamsabad Mohalla on 14-10-1996 which shows that on particular date the appellant was on causal leave. She has also filed No Objection Certificate issued by the S.D.E.O. Primary (Female)
2. Dadu, dated 25-11-1996 whereby she was permitted to receive admission in C.T. Course in any Institute or Alama Iqbal Open University Islamabad/Government Elementary College of Education Women at her own expenses. She has also filed an Office Order, dated 2-6-1997 from the Sub- Divisional Officer (Female) Dadu at page 69 whereby she were given Pay Scale of Rs,1480-81-2695 w,e,f, 1-4-1996 as she has qualified her PTC Examination. That in the month of October, 1995 her salary cheque was withheld and since then she has not been paid as such she had prayed as under--
(i) Admit instant Appeal;
(ii) Call from respondents the necessary and required official record of appellant;
(iii) After hearing appellant as well as respondents direct respondents to release Rs,67,000 as outstanding arrears of salary and pay the same to appellant;
(iv) Release all back financial benefits whatever are due till decision of Appeal and pay the same to appellant;
(v) No future financial benefits of appellant unless required by law be stopped;
(vi) Direct respondents to treat appellant at par with her colleagues and accept her as bona fide PST in Service on duty;
(vii) Declare that stoppage of Salary w,e,f, September, 1995 is against Sindh Civil Servants Act, 1973 and Rules framed thereunder; (viii)Issue/Pass any other further Order as the Hon'ble Tribunal may deem fit and proper as the circumstances may warrant, remedying appellant's grievances and;
(ix) Award/Grant Costs to Appellant."
3. ' We have heard the arguments of Mr. Abdul Lateef Ansari, Advocate for appellant and Mr. Sayedian Zaidi, A.A.-G. For respondents and with their assistance perused the original records of the appellant such as Service Book and photocopies of other documents filed by the appellant alongwith her memo. Of appeal. Before touching the merit of the case we would like to point out that in all the cases pertaining to Education Department, the officials concerned are absolutely non-cooperative and of no help or assistance to the Tribunal. This appeal was firstly heard on 2-12- 1998 when the learned A.A.-G. For respondents while arguing the matter requested for some time to produce the original documents alongwith posting of the official concerned during the period.
4. The photocopies of the Annexures 'K, M, N and 0' filed by the appellant according to him deffers, on his request the appeal was adjourned to 13-1-1999 when the Advocate for appellant Mr. Abdul Lateef Ansari produced the original Service Book of the appellant and moved an application for admission of the G.P. Fund receipt, Pay Fixation Certificate, dated 2-6-1997, Certificate, dated 24-6- 1998 regarding service as Primary Teacher from S.D.E.O. (Female) Dadu, Certificate, dated 13-5- 1998 of the Chairman Sub-Divisional Khidmat Committee, Dadu. On this date also A.A.-G.
5. Requested for some time as such the appeal was adjourned to 18-2-1999, on this date also learned A.A.-G. Requesated for some time as according to him he has not received the documents from the department as such a last chance was given and the appeal was fixed on 16-3-1999, on this date D.E.O. (Female) Primary Dadu Mrs. Bilquis Agha alongwith the A.A.-G. Requesated for some time as according to her she had taken charge on 6-3-1999 and as such could not verify the documents, on her request again appeal was adjourned to 1-4-1999, on this date Mrs. Bilquis Agha, D.E.O. (Female) did not appear though the date was given with her consent and on her request but she sent Mst. Nawabzadi, S.D.E.O. Dadu who was not at all conversant with the facts. It is clear that the Education Department and officials of the department take the Tribunal so lightly. We would like that the Competent Authority of the Education Department should look into the matter and take appropriate action against the concerned officials. We would now touch the arguments of the Advocate for appellant as well as Mr. Zaidi, A.A.-G. For respondents.
6. ' The learned counsel for the appellant stressed that there is no impugned order and if there is any it has not been served on her. According to him, all of a sudden the salary of the appellant was stopped without assigning any reason, she has filed Service Book, and different Certificates, Visit Book as already mentioned above which shows that the appellant was never served any termination order nor any notice was served upon her before terminating her services. According to him she is Government servant and continues in Government service till her services are terminated illegally by not adopting the legal course as such show-cause notice and termination order with reason.
7. ' Mr. Zaidi, the learned A.A.-G. Has relied on his written statement and according to him in para. 3 of respondent's written statement she ceased to be a teacher w.e.f 20-9-1995 when her appointment was 'cancelled'. He has further stated that Annexures 'K, L, M, N, and 0' filed by the appellant alongwith her memo of appeal are forged. When the learned A.A.-G. Was asked by the Senior Member to show from the official record whereby the service of the appellant was terminated and the letter was a served upon the appellant, the learned A.A.-G. Was not in a position to show any document whereby the order of termination was served on the appellant but the perusal of the documents which are annexed by the learned A.A.-G. With the written statement on the contrary shows that it is a letter from the Office of the S.E.D.O. Bearing No,357, dated 20-9-1995 but the copies of the same were endorsed to (i) Director School Education Hyderabad Region Hyderabad,
(ii) District Education Officer (Primary Female) Dadu, (iii) concerned Supervisor (iv) Bill Clerk, but no copy was addressed to the appellant. On the other hand this letter seems to be a correspondence from the Government of Sindh Education Department to the Director of School Education Hyderabad as such it is crystal clear that the appellant was not served with the order, dated 20-9- 1995 whereby according to the A.A.-G., the services of the appellant were terminated. Admittedly the appellant was appointed on 5-9-1994 and she joined on 7-9-1994 and even if we take this letter as the termination order this is dated 20-9-1995 which shows that at the time of this letter the appellant was in service for about an year and during this period her services could not be terminated by a letter at the wish of the officers without affording proper opportunity, to a Government servant.
8. ' We are, therefore, of the view that the respondents have miserably failed to satisfy the Tribunal and to show any document whereby the services of the appellant were legally terminated. We, therefore, allow this appeal and order the payment of her due salary and allowance from the day she has not been paid. Respondents, however, will have to adopt the proper procedure as provided by the law in de novo proceedings and establish alleged forgery in record, if so desired.