ADMINISTRATOR, PUNJAB DAIRY AND POULTRY DEVELOPMENT BOARD Versus A.G. AFZAL

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑ ‑Through this petition for leave to appeal, the petitioners have challenged the order of the Lahore High Court; whereby their Constitutional Petition, challenging a Minister's so‑called order, in a judicial matter; which falls within the jurisdiction of a Service Tribunal, was dismissed.

2. According to the learned counsel, pending departmental appeal by the respondent, the Minister had directed his re‑instatement‑‑till the disposal of the appeal. The learned counsel stated that the respondent's appeal has been dismissed and that being so, the order of the Minister is no more in the field for any further action, that the petitioners might take in accordance with law. The next question raised by the learned counsel is that, on account of the order of the Minister, the respondent had to be allowed to resume duty; and, in that behalf certain amount was claimed by him as emoluments for the relevant period. The petitioners wanted also to avoid liability about that payment, but the High Court has refused the relief in that regard as well.

3. After hearing the learned counsel, in the circumstances of this case, we do not consider it proper to permit the petitioners on whatever ground, to withhold the emoluments for the work actually done and service rendered by respondent in the course of his employment; even if it resulted from the order of the Minister, the legality of which might have been questioned. One fact which influenced us is that the petitioners should have then refused to assign duty to the respondent. Not having so acted at proper time, in the circumstances of this case, we, do not consider it fair and just to penalize the respondent for the petitioners' inaction.

4. The learned counsel next pointed out that there is likelihood that some amount might be payable by the respondent to the petitioner/department. If that is so, there would be nothing to prevent the petitioners from making the recovery of all legal dues from the) respondent and also to resort to the set off, if otherwise legally, possible.

5. With these observations we decline to grant leave to appeal in the peculiar circumstances of this case. The petition is, accordingly, dismissed.

M.Y.H./A‑223/S Petition dismissed.