Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Withholding of salary---Petitioner who was appointed as junior clerk, joined his duty, but his salary had not been paid---Only reason for non-releasing of salary was that in the budget released by Finance Department, salary of 8 junior clerks was being drawn by Principal of the College, through computer and the petitioner's name was not received---No basis were available for non-payment of salary to the petitioner---If provision was for payment of salary to the 8 junior clerks, there could also be provision for payment of salary to the petitioner, more so when his appointment was not disputed---When the petitioner remained in the employment, it was his constitutional and legal right to receive the salary---Denial of salary to the petitioner would lead to serious consequences upon the department---Authorities were directed to release the salary of the petitioner from the date of his posting within period of two weeks, in circumstances. Dhani Bux Otho for Petitioner. Allah Bachayo Soomro, Addl. A.-G. along with Mir Ali Shah, Additional Director Colleges and Latif Dino Soomro, D.A.O., Hyderabad for Respondents. ORDER Comments have been filed by the respondent No.3. The appointment of the Petitioner as Junior Clerk by the respondent is not in dispute so also the fact that he has joined his duty and posted at Government College Kali Mori at Hyderabad and allowed to work at Government Boys College Kotri. It is contended by the Counsel for the petitioner that the petitioner was appointed on 29-7-2009 and has joined duty on 30-7-2009 but no salary has been paid to him so…

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