Order Sheet

Order Sheet.

HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.

C.P.NO.D-156 OF 2008.

Date Order with signature of Judge

18.11.2009.

Mr. Tahseen Ahmed H. Qureshi, Advocate for petitioner alongwith the petitioner.

Mr. Allah Bachayo Soomro, Additional A.G. alongwith Abdul Majeed Hur, EDO (Education) Mirpurkhas, Jalil Ahmed Lashari, DOE/E, Mirpurkhas, Bharomal I/C ADOE/E (M) Kot Ghulam Muhammad and Imtiaz Babar HST.

. . . .

By consent, the following order is passed:

The record shows that the petitioner was never terminated from his service and the disputed period in which the petitioner has failed to discharge his duties ended on 30.6.1998 when he was posted and after drawing salary of five months, his salary was stopped, inter alia, on the ground that till issue in regard to his absence from duty is decided, he would not get salary. These two orders are available on record, which show that petitioner continued in service and thereafter it is claimed that he was suspended for sometime. We believe that the Department at no point of time terminated the petitioner which fact is not denied either from the earlier orders issued by the Department or the subsequent correspondence exchanged between the officers of the Department. We also find from the record that the salary of the petitioner was stopped from May 1999 up to 08.08.2006 under the orders of the Department when he was relieved from Government Primary School Khuda Bux.

We under the given circumstances, direct the EDO present to pay salary of the petitioner from May 1999 to August 2006 which was wrongly withheld. The remaining period of his absence from 09.08.2006 till date shall be treated as leave without pay. The petitioner shall be given posting by tomorrow. The arrears shall be paid by the Department within three months from today, but the future salary shall be paid to the petitioner regularly.

This petition stands disposed of in the above terms.

J U D G E