ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-3300 of 2011

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Order with signature of Judge

For Katcha Peshi

14.02.2014

Petitioner is present alongwith Mr.Neel Keshav, advocate

Mr.Ainuddin Khan, DAG-I

Tariq Ali Nawaz DD(A) and Muhammad Tayyab Superintendent (Admin), SARC, Karachi are present

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Petitioner has prayed in this petition that respondents be directed to pay salary/remunerations to petitioner immediately. Brief facts of the case are that on 30.03.2010 through Office Memorandum issued by Assistant Director (Rec.), Pakistan Agricultural Research Council, petitioner was appointed as Consultant on contract basis for a period of one year with effect from his joining on consolidated remuneration of Rs.70,000/- per month. In clause-6, it was clearly mentioned that this contractual obligation may be terminated on 30 days’ notice by either party. Letter of Contract is available at page-11 of file. On 31.01.2011 by virtue of an office order pursuant to PARC Board of Governor’s directives, contractual obligations of petitioner were terminated with immediate effect but claim of petitioner is that neither he was paid salary from 01.04.2010 to 31.01.2011 nor he was paid amount of notice period. Learned Deputy Attorney General filed comments of respondent in which appointment and termination were not disputed, however, no lawful justification has been given for withholding of salary and notice period amount. However, learned counsel for petitioner filed a statement dated 21.06.2013 with which he has attached office order dated 09.10.2013 issued by Assistant Secretary (Council), PARC (Directorate of Establishment). Copy of this letter was also endorsed to petitioner. In this letter, it is clearly mentioned that in pursuance of Minutes of 2^nd Meeting of Committee held on 01.02.2013, claim of petitioner was considered and Chairman PARC has approved Rs.7,00,000/- being arrears of salary w.e.f., 01.04.2010 to 31.01.2011 at the rate of Rs.70,000/- per month. It was assured in the office order that payment will be made from budget of financial year of 2014. Two officers namely Tariq Ali Nawaz DD(A) and Muhammad Tayyab Superintendent (Admin), of SARC Karachi are present for assistance of learned DAG who fully endorsed and acknowledged office order dated 09.10.2013 and they assured this court that this payment will be made to petitioner by 02.04.2014 positively. We have also observed that in office order, nothing is mentioned against notice period amount for immediate termination of contractual obligation which is a part of terms and conditions of contractual engagement. It is further stated that TA/DA bills were also submitted which were approved by competent authority in the sum of Rs.31,092/- plus 7 days salary also to be calculated in final payment in the sum of Rs.17,500/-. Since there is clear admission made in the letter dated 09.10.2013, learned DAG is also of the view that petition may be disposed of accordingly and he assured that payment will be made to petitioner till 02.04.2014 without any further delay and since petitioner is also entitled for notice period amount, said amount will also be paid to petitioner. If TA/DA is admissible under the terms and conditions of contractual obligations, said amount will also be paid to petitioner on same date. (Initially learned DAG requests for payment till 15.03.2014 but officers present in court shown inability so at their request, date of 02.04.2014 is fixed for payment without any further delay). In case of failure in payment, contempt proceedings shall be initiated against all responsible. Petition disposed of accordingly.

J U D G E