Law:

Section:

Constitution of Pakistan, 1973-- ----Arts. 9 & 199--Constitutional petition--Civil servant--Withholding of salary--Public functionaries in running and managing Public Institutions--Administration and governance of public institutions--Personal like and dislikes--Contract of employment of civil servant was withdrawn--Civil servant was reinstated--Once again resumed the responsibility--No departmental proceedings against the civil servant but the civil servant was being deprived of her salary--Challenge to--Validity--Education department was settling some personal score with the civil servant by withholding her salary--Favouritism, partiality, preferential treatment, personal likes and dislikes had no place in administration and governance of public institutions--Such elements breed inequality, unfairness, bias and discrimination which weaken institution--Every step taken by public functionaries in running and managing public institutions must be strictly in accordance with law--Held: Withholding of salary without any lawful reasons offends Art. 9 of Constitution of 1973, which cannot be permitted--Departments were directed to immediately release salary of the civil servant--Petition was allowed. Salary-- ----Civil servant--Withholding of salary--No departmental proceedings against the civil servant but she being deprived of her salary--Held: Salary is the lifeline of an employee and cannot be withheld unlawfully--Salary is, therefore, integral part and parcel of livelihood of any employee and, therefore, an integral part of right to life. THIS ORDER PASSED BY: SYED MANSOOR ALI SHAH, JUSTICE---.--- Brief facts of the case are that the petitioner was appointed as ESE on contract basis in Government Girls Elementary School Koreki, Tehsil Daska, District Sialkot on 16.11.2003, where after she gave joining report on 24.11.2003 and started her teaching career. The appointment order dated 16.11.2003 was duly verified by the District Education Officer, Sialkot on 16.10.2006. 2. That without notice to the petitioner, the contract of employment of the petitioner was withdrawn/cancelled vide order dated 23.06.2007 of the District Education Officer (W-EE) Sialkot…

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