Law:

Section:

Civil service--Arrears of salary---Civil servant's entitlement to arrears of salary---Authority's order terminating civil servant was declared to be unlawful by High Court in Constitutional jurisdiction---Civil servant was reinstated in service and was paid arrears of salary for the specific' period---Civil servant's pay bill for the crucial period, however, was not honoured---Civil servant's subsequent Constitutional petition for recovery of arrears of salary, however, was refused on the-ground that relief sought by civil servant was in fact, a money claim for which appropriate remedy was Civil Court---Legality---Civil servant was entitled to receive arrears of her salary for the entire period that she was kept out of service by order of termination which was found to be unlawful---Question whether civil servant­ should approach Civil Court or Service Tribunal for relief was not pertinent in the face of bounden obligation of authorities to satisfy such claim themselves without the necessity of driving a needy litigant from pillar to post. JUDGMENT NASIM HASAN SHAH, J.---The appellant was a permanent Assistant School Mistress in the Cantonment Public School, Quetta when her services were terminated by the Cantonment Board, with effect from 4-4-1966. She assailed the legality of the aforesaid order of termination by filing a writ petition (W.P. No.69 of 1972) before the Karachi Bench of the erstwhile High Court of West Pakistan at Karachi. The writ petition was allowed by a judgment dated 13-11-1975 by a Division Bench of the Sindh-Balochistan High Court with the result that the order of termination was held as illegal and without lawful authority. In consequence thereof, an office order dated 22-8-1977 was issued by the Director, Federal Government Educational Institutions, Rawalpindi, to the effect that the appellant shall stand re-instated in service with effect from 4-4-1966 and that the arrears of pay due to her between the period from 4-4-1966 to 31-5-1975 (i.e., the period before the nationalisation of schools) shall be paid by the Cantonment Officer, Quetta and the other arrears from 1-6-1975 till date (i.e., up to 1$-9-1977) shall be paid by the Federal…

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