| Citation(s) |
|---|
| 2005 SLG 1052 2005 SLD 1052 2005 PLC 1365 |
Lahore High Court
Writ Petition No. 1127 of 2005, decision dated: 30-05-2005.
MUHAMMAD NAWAZ BHATTI, J
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Writ Petition No. 1127 of 2005, decision dated: 30-05-2005.
MUHAMMAD NAWAZ BHATTI, J
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RAZIA SALEEMI
VS
MEDICAL SUPERINTENDENT, NISHTER HOSPITAL, MULTAN and another
Law:
Section:
Constitution of Pakistan (1973)-------Arts. 3, 29 & 199---Constitutional petition---Non-payment of salary to the employee---Salary of petitioner was stopped simply on the ground that petitioner could not produce her matriculation certificate---Petitioner had produced original matriculation certificate and a copy thereof was placed on file which had also been handed over 'to the functionary of the employer present in the Court---Service record of petitioner being in custody of Authorities, it was not possible for her to tamper with the same---Even otherwise non-payment of salary to employee by employer was a denial and violation of Articles 3 & 29 of the Constitution---High Court accepting Constitutional petition directed authorities to release total salary as claimed by petitioner. Sughran Begum v. Metropolitan Corporation of Lahore and others 1996 CLC 472 ref. Haji Rao Muhammad Shafique for Petitioner. Syed Hashmat Hussain Naqvi for A.A.-G. and Muhammad Saleem for Respondent. ORDER Through this writ petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1993, the petitioner seeks a direction to respondent No.1 to release her total salary since May, 2004 uptil now. 2. Brief facts leading to this writ petition are that the petitioner was appointed as a Staff Nurse in Nishter Hospital Multan on 1-12-1994 and later on she was promoted as Nursing Sister on 11-12-1976 and since then, she is performing her duties regularly but her salary has not been released since May, 2004 without any reason. She moved a written request to the M.S. Nishter Hospital, Multan on 9-2-2005 for releasing her salary but nothing has been done. The Head Clerk orally asked the petitioner to produce the duplicate copy of her metric certificate. A letter was also issued by Dr. Masood Ahmad Qureshi AMS M&R Nishter Medical Hospital Multan, asking the petitioner to produce her duplicate copy of matric certificate, as there was some tampering in her matric certificate regarding the date of birth. 3. Learned counsel for the petitioner has contended that the petitioner is till in job and doing her duties very well in Cobalt Unit of Nishter Hospital, Multan…
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