| Citation(s) |
|---|
| 2005 SLG 976 2005 SLD 976 2005 PLC 886 |
Peshawar High Court
Writ Petition No. 1564 of 2004, decision dated: 7-04-2005.
TALAAT QAYUM QURESHI AND MUHAMMAD QAIM, JAN KHAN, JJ
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Writ Petition No. 1564 of 2004, decision dated: 7-04-2005.
TALAAT QAYUM QURESHI AND MUHAMMAD QAIM, JAN KHAN, JJ
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Mst. MARGRATE
VS
EXECUTIVE DISTRICT OFFICER SCHOOLS AND LITERACY DEPARTMENT, DISTRICT CHARSADDA and 4 others
Law:
Section:
Constitution of Pakistan (1973)--- ----Arts. 3, 11, 29 & 199---Constitutional petition---Withholding/stopping salary of petitioner---Petitioner was appointed as sweeper in BPS-1 on regular basis and was posted at Government Girls School--Petitioner assumed charge of her duties after completing codal formalities and started serving as sweeper there---Petitioner had been performing her duties to the utmost satisfaction of Principal of school concerned and the Principal submitted bill of salary of petitioner to District Account, Officer, but bill was returned unpassed---Salary of petitioner, in circumstances was withheld/stopped without any lawful justification and the lady and her family members had been deprived of their bread and butter---Appointment of petitioner was in accordance with rules and regulations against a regular sanctioned post which was vacant on the day she was appointed---Petitioner, who had been performing her duties, was entitled to full emoluments in her grade and pay scale with all admissible allowances as there was no provision, nor concept for service without salary under the law---Performance of duties under such circumstances by petitioner also amounted to forced labour without payment of any emoluments which teas forbidden by Art.11 of the Constitution---Under Art. 29 of the Constitution authorities were duty bound to act in accordance with Principles of Policy set out in Chapter 2 Part II of the Constitution insofar as they related to their functions---Act of authorities stopping the salary of petitioner since her appointment was contrary to Principles of Policy---Petitioner was denied her valuable rights of remuneration according to her grade which was also in violation of Art.3 of the Constitution which had cast duty on the State to eliminate all forms of exploitation and gradual fulfilment of fundamental principles for each according to his/her ability and work--High Court allowing Constitutional petition directed the authorities to Tear salary and medical bills of petitioner from the date of her appointment within period of one month---Costs of Rs.10,000 were also imposed upon the authorities. Khushdil Khan Momand for…
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