ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C. P. No.D-2341 of 2010.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

01.12.2011.

For Katcha Peshi.

Mr. Mazhar Ali Siddiqui, advocate for the petitioner.

Mr. Azizul Haque Solangi, Asstt. A. G.

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The petitioner was issued offer of appointment for the post of Chowkidar/Naib Qasid in BS-1 on contract basis for three years vide order dated 13.08.2007. After codal formalities appointment order was issued on 30.11.2007. Petitioner joined duty at Govt. Primary School, Mehar Shah Qubo, Shikarpur. It is stated in the petition that the petitioner’s attendance was marked with effect from 19.12.2007, but thereafter salary was not paid to him. This constitutional petition has been filed by the petitioner with the prayer that respondents be directed to pay salary to the petitioner on regular basis as well as arrears thereof.

Mr. Azizul Haque Solangi, learned Asst. A. G., submitted that petitioner has never been lawfully appointed and is, therefore, not entitled to salary. He submitted that vide notification dated August 10, 2007 for District of Shikarpur 246 vacancies were approved, but the local education officials employed many more persons and salary was paid only to 246 and not to the others. Mr. Siddiqui placed on record on the last date of hearing letter dated 28.3.2011, which stated that employment of the petitioner had been terminated.

We have considered the submissions. As far as termination of employment is concerned, the petitioner shall be at liberty to challenge the same, if he is aggrieved by it, in accordance with the law. The departmental authorities have admitted that they have taken work from the petitioner and have kept the petitioner in employment till his employment was terminated on 28.3.2011. As long as the petitioner worked for the department, whether lawfully appointed or not, it was duty of the department to remunerate him and if he was unlawfully appointed, the department should have taken action long ago. Taking work from an employee and then not paying, whether on one pretext or the other, amounts to exploitation, which is specifically forbidden by Article 3 of the Constitution of the Islamic Republic of Pakistan. Consequently, this constitutional petition is disposed in the following terms :-

1. Within one month of the date of this order respondent No.2 shall ensure that the arrears of the salaries are paid to the petitioner for the entire period of his service.

2. If the departmental authorities feel that the petitioner has been unlawfully employed by any person by exceeding his powers or otherwise, they shall be at liberty to serve notice on that person and if he is proved guilty, in addition to imposing departmental penalty in accordance with the rules, order recovery from him of the amount paid to the petitioner.

JUDGE