Law:

Section:

Privately Managed Schools and Colleges (Taking Over) Regulation, 1972 (M.L.R.118)-- ---Para. 7(2)--Constitution of Pakistan (1973), Art. 199--Payment of salary-­Petitioner claiming to be in Government service in taken over school and receiving remunerations till specified date--No remunerations paid to such petitioner thereafter--Respondents taking plea that petitioner was part-time employee and had been receiving part-time salary--Documents produced by petitioner showed that she was a full-time employee of school--Respondents failed to controvert those documents--Petitioner had thus succeeded to establish her plea that she was a whole-time employee--Respondents were directed to treat petitioner as a Government servant and to pay her emoluments and other benefits according to Rules relating to such Government servants. JUDGMENT Mst. Sardaran Begum the petitioner, was appointed as a peon in Government City Muslim League School, Primary Section, Said Mitha Bazar, Lahore. This institution was nationalized under M.L.R. 118 of 1972. 2. The claim of the petitioner is that on nationalization the petitioner became an employee of the Education Department. Government of the Punjab and was paid salary in that position. The last salary was received in that capacity in June, 1977 but thereafter the Department did not make any payment of the salary to the petitioner in spite of repeated requests in writing. The petitioner, therefore, instituted this constitutional petition for seeking a declaration to the effect that the petitioner be treated as Government employee and she be paid her salary in accordance with law. The District Education Officer in the report and parawise comments took the position that the petitioner was taken into Government service as a part-time employee at the rate of Rs.60 p.m. and that she has actually received her part-time salary upto June, 1983 and that she actually remained on duty upto 9-5-1984. It is further stated in the parawise comments that so far as the pay fixation statement referred to in para. No. 6 of the petition is concerned, the same was subject to availability of a regular post of Class IV employee and as she was never adjusted…

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