' Through this Constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has sought implementation of order dated 25-3-2004 issued by the Education Department for release of his salary,
2. Briefly the facts of the case emanating this Constitutional petition are that the petitioner was working as Senior Subject Specialist, Government College for Elementary Teachers, Rangeel Pur, Multan, when on 10-1-2004 he was promoted in BS-19 and posted as Senior Subject Specialist, Government Higher Secondary School, Karam Pur, Vehari. Thereafter, on 25-3-2004, the petitioner was posted as 'Senior Headmaster in BS-19 in Government Islamia High School, Aam Khas Bagh, Multan, against respondent No,4. When the petitioner in compliance of his transfer orders relinquished the charge of his previous post and assumed the charge of new assignment at Government Islamia High School, Aam Khas Bagh, Multan. Respondent No,4 did not hand over the charge to him. On assumption of charge the petitioner sent the assumption report for counter- signature and onward transmission to the authorities concerned so as to effect the posting of the petitioner and drawal of his salary which was not countersigned by respondent No, 3 and sent the same to respondent No,5 who returned the pay bill of the petitioner for the month of April, 2004 with the remarks that the charge. Assumption report/report of taking over of the petitioner be countersigned. Feeling aggrieved thereof the petitioner has come up in this Constitutional petition.
3. It is vehemently argued by the learned counsel for the petitioner that vide order dated 25-3- 2004 of respondent No,1, the petitioner was posted as Senior Headmaster in BS-19 in Government Islamia High School, Aam, Khas.Bagh, Multan whereas respondent No,4 Muhammad Yaseen Dogar, Headmaster working in BS-17 was placed at the disposal of the District Government, Multan; that the assumption report was received in the office of respondent No,3 vide Diary No,2872, dated 27- 3-2004 for countersignature and onward transmission to the authorities concerned so as to effect the posting of the petitioner for notification and drawal of salary of the petitioner w,e,f, 27-3-2004. It is further argued that on assumption of charge of Senior Headmaster in BS-19 in Government Islamia High School, Aam Khas Bagh, Multan, respondent No,4 did not hand over the charge to the petitioner and the above events created administrative hurdle with the result that the salary of the petitioner has not been released by respondent No,5, therefore, respondent No,6 may be directed to allow the petitioner to continue working as Senior Headmaster in Government Islamia High School, Aam Khas Bagh, Multan.
4. On the contrary the learned counsel for respondent No,4 assisted by the learned Addl. A.G.
Opposed the contentions raised by the learned counsel for the petitioner contending that the petitioner, after his promotion was posted at Government High Secondary School, Karampur, District Vehari, against a vacant post where he did not join and got another order dated 25-3-2004 for his adjustment as Senior Headmaster, Government Islamia High School, Aam Khas Bagh, Multan, against the Government Notification dated 12-1-2004 which is totally in violation of the aforesaid notification. Further contended that Government has imposed ban vide notification dated 29-3-2004 not to disturb/dislodge the teacher of Nationalized Cadre, therefore, the instant petitioner merits dismissal.
5. Arguments heard. Record perused.
6. It evinces from record that the petitioner was promoted in BS-19 vide order dated 10-1-2004 and adjusted as Senior Headmaster at Government Higher Secondary School, Karampur, District Vehari, where he did not join and got another order dated 25-3-2004 for his adjustment as Senior Headmaster at Government Islamia High School, Aam Khas Bagh, Multan, against respondent No,4 who was working in BS-17, It has also come on the record that the petitioner in compliance of his adjustment order relinquished the charge of office of Senior Subject Specialist, Government College for Elementary Teachers. Ranged Pur, Multan. On 27-3-2004 and assumed the charge of new assignment as Senior Headmaster in BS-19 at Government Islamia High School, Aam Khas Bagh, Multan, The assumption report was received in the office of respondent No,3 or. 27-3-2004 vide Diary No, 2872 but respondent No,4. Did not hand over the charge to the petitioner and continued occupying his post which created administrative problem to this effect that the salary of the petitioner has not been released by respondent No,5, as such, assumption report was not countersigned by the Controlling Officer i,e, respondent No,3 and was also not sent to respondent No,5. Learned counsel for the petitioner pointed out during the course of his arguments that due to the act of respondents Nos.2 to 4, the petitioner has been made to suffer for no fault, as such, his salary has not been released and he has been left without any place of posting which is illegal and beyond their jurisdiction. Learned counsel for respondent No,4 assisted by the learned Addl. A.G.
Raised an objection in respect of the jurisdiction of this Court in view of subsection (1)(a) of section 4 of the Punjab Service Tribunals Act, 1974 and that the petitioner does not belong to Nationalized Cadre, therefore, respondent No,4 cannot be dislodged. Moreover the impugned order dated 25-3- 2004 for adjustment of the petitioner has been made during the ban and in violation of the notification dated 10-1-2004.
7. In order to meet out the aforesaid objections, learned counsel for the petitioner took the shelter of section 9 of the Punjab Civil Servants Act, 1974 and also placed reliance on titled "Mst. Inayat Bibi and others v. Assistant Settlement Commissioner and others" (PLD 1978 Lahore 252). In this respect I also invoke the aid to strengthen the same analogy by placing reliance on "Syed Salam Hussain and others v. Board of Revenue, Punjab, Lahore and others" (1967 CLC 1671). Learned counsel for the petitioner has drawn my attention towards the letter dated 28-2-2004 issued by the competent authority who has allowed relaxation of ban for adjustment of the applicant against vacancy, in exercise of his powers under section 23 of Punjab Civil Servant Act, 1974. In this view of the matter, the contention of the learned counsel for the respondent that adjustment order of the petitioner has been made during the ban is devoid of any force as such the competent authority was empowered to adjust the petitioner during the ban. Additionally, the impugned order dated 25-3- 2004 has got no retrospective effect by way of order dated 29-3-2004 passed by respondent No,1, as such, the adjustment order dated 25-3-2004 has already been implemented by way of submitting charge assumption report dated 27-3-2004 by the petitioner.
8. In view of the above discussion all the objections raised by the learned counsel for the respondent are not sustainable.
9. Consequently the instant Constitutional petition is allowed, respondents Nos.2 and 6 are directed to allow the petitioner to continue his service as Senior Headmaster at Government Islamia High School, Aam Khas Sagh, Multan and to release his salary in routine.