Case Details

Citation(s)
1980 SLG 1341 1980 SLD 1341 1980 PLC 156
Service Tribunal, Punjab
Appeal No. 159/57 of 1977, decided on 28th November, 1979.
M. SALEEM CHAUDHRY, CHAIRMAN, MAZHAR MUNIR AND S. HAFEEZUR REHMAN, MEMBERS

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ALLAH DITTA KHAN

VS

M. S. LADY WILLINGDON HOSPITAL

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)------ ---Ss. 2 & 4 read with Punjab Financial Rules, Vol. I, r. 84, Note 1­Chaukidar paid out of Hostel Students Fund in Lady Willingdon Hospital-Not a civil servant hence not entitled to remedy under S. 4 of Punjab Service Tribunals Act, 1974-Rule 8. 4, Note 1 of Punjab Financial Rules, Vol. I only lays down a guideline and does not prevent Chaukidars and Sweepers from not being paid out of Hostel funds though they can be paid out of Provincial Revenues. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-----This is an appeal filed under section 4 of the Punjab Service Tribunals Act, 1974 for the grant of allowance sanctioned by the Provincial Government from time to time. Briefly the facts of the case are that Allah Ditta Khan was appointed as a Chaukidar vide letter dated 19-2-1972 issued by the Deputy Medical Superintendent, Lady Willingdon Hospital. The appellant has contended that he has not been paid his annual increments and the various allowances in accord­ance with Government rules. It has been contended on behalf of the Govern­ment that the appellant was not appointed as a civil servant and that he has not been paid out of the provincial revenues. It is contented that he was appointed as a Chaukidar and was paid his salary out of the Hostel Students Funds. Except for the appointment letter which is riot clear as to whether the appellant was appointed against a vacant post of the, Hospital or the Hostel, the Hospital…
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