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ZAHEER HUSSAIN versus DEPUTY DIRECTOR, FOOD, LAHORE REGION


The appointment of salaries made during the ban by the Government Appointments, although the payment of regular salary for the period received cannot be precluded from the payment of section 4 of the Punjab Service Tribunals Act (IX of 1974).

1980 P L C (C. S.) 592

[Service Tribunal Punjab]

Present: M. Saleem Chaudhry, Chairman, Mazhar Munir and S. Hafeez‑ur‑Rehman, Members

ZAHEER HUSSAIN

Versus

DEPUTY DIRECTOR, FOOD, LAHORE REGION

Appeal No. 341 of 1979, decided on 23rd January 1980.

Civil service‑

‑‑‑ Pay‑‑Appointment made during ban imposed by Government‑‑ Appointment, held, though not regular salary for period service rendered cannot be withheld‑Direction for payment of salary issued‑Punjab Service Tribunals Act (IX of 1974), S. 4.

JUDGMENT

M. SALEEM CHAUDHRY (CHAIRMAN).

‑‑Zaheer Hussain, appellant, was appointed as Junior Clerk, Deputy Director, Food's Office, Lahore on 25‑6‑1978. He received his pay for the month of July 1977 but thereafter no pay or allowances were paid to him. The Accountant‑General raised an objection to his appointment as being irregular as there was a ban on recruitment. The appellant was retained in services from August 1977 to September 1979. The Department has been supporting the case of the appellant for the payment of his salary but no decision has so far been arrived at by the Finance Department. His services were terminated on 1‑9‑1979. Eden if his appointment was not regular it is just fair that he be paid for the services rendered by him. A direction is, therefore, issued for the payment to the appellant of salary for the period from August 1977 to, September 1979 less than the pay already drawn by him.

Appeal accepted.

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