Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Civil service---Maternity leave---Petitioner who was inducted in Education Department in BPS-14 on temporary basis and continued in same capacity, availed maternity leave for three months, but said period of leave was treated by authorities as without pay---Petitioner in her constitutional petition had prayed for direction to authorities to pay for said period of maternity leave---Service structure of category of employees in which petitioner fell, had not so far been framed by the Authority---Till such time competent Authority would frame service structure regarding petitioner's category, she was entitled, to receive pay for period of maternity leave, however, Authority would be at liberty to raise any claim against petitioner after confirmation of service structure, if it was so determined that she was not entitled to such a leave. C.Ps. Nos. 127, 4178, 4179 and 4180-L of 2002 ref. Muhammad Tariq Rajwana for Appellant. Muhammad Qasim Khan A.A.G. for Respondents. ORDER MUHAMMAD KHALID ALVI, J.---Brief facts of the case are that petitioner was inducted in the Education Department as Elementary English Teacher vide order dated 20-6-1995 in BPS-14 on temporary basis. She continued in the same capacity ever-since and is still in service. She availed maternity leave w.e.f. 25-9-2002 to 23-12-2002. The said period of leave was treated by the respondents as without pay, through this constitutional petition she prays for direction to the respondents to pay for the said period of maternity leave. A report and parawise comments were called for. According to the same, the competent authority has not yet framed the service structure of E.E.T, therefore, she is not entitled to maternity leave with pay. The learned Law Officer has also argued that still the matter is under consideration with the competent authority to frame the service…

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