A.G. AFZAL Versus ADMINISTRATOR, LIVESTOCK, DAIRY AND POULTRY DEVELOPMENT
This is a Constitutional petition filed by A.G. Afzal, petitioner, praying that the act of the Administrator, Live Stock, Dairy and Poultry Development Board, Lahore, and others, respondents Nos.l to 3, withholding the salary of the petitioner may be declared null and void and without lawful authority and that the said respondents may be directed to release the salary of the petitioner from 16‑4‑1987 up‑to‑date.
2. The petitioner's case in brief is that he was working as Live Stock Supervisor in the Live Stock Experiment Station, Shah Jewana, under the Punjab Live Stock, Dairy and Poultry Development Board, After an inquiry conducted against him by the said Board, his services were dispensed with on 20‑9‑1986 by the General Manager, Punjab Live Stock, Dairy and Poultry Development Board. On 29‑9‑1986, the said Board was dissolved and all its staff was transferred to the Director Live Stock Farm, under the control of the Director‑General (Ext,), Live Stock and Dairy Development. On 18‑10‑1986 the petitioner preferred an appeal against his dismissal before the Administrator, Punjab Dairy and Poultry Development Board. Receiving no response he preferred another appeal on 19‑11‑1986 to the Secretary to the Government of the Punjab, Live Stock and Dairy Development. Still further, receiving no response, he preferred another appeal on 13‑4‑1987 before the Minister, Live Stock and Dairy Development. On the said appeal, the learned Minister passed the following order:
"Sardarzada Zafar Abbas, Advisor to Chief Minister Punjab vide his D.O.No.PS/ACM/55‑A/87, dated 11‑2‑1987 (photo copy enclosed) has strongly recommended his case for reinstatement in service. He is reinstated now and the result of the inquiry against him may be decided when the case is completed.
(Sd.)
Minister Live Stock, Punjab, Lahore.
14‑4‑1987."
On the strength of this order, the petitioner joined the Live Stock Experiment Station, Shah Jewana, District Jhang, as Live Stock Supervisor. Since the petitioner was not being paid his salary, he made a number of representations to the Manager, Live Stock Experiment Station, but without any result. It seems that the Manager, Live Stock Experiment Station, on a number of occasions recommended the case of the petitioner to the Director‑General (Ext.), Live Stock and Dairy Development Board, for release of his salary, but without any result. Being aggrieved with the attitude of the department, the petitioner has filed the present writ petition for the release of his salary.
3. On behalf of the respondents it is submitted that the petitioner having been dismissed from service is not entitled to any salary and that he should prefer an appeal before .the Punjab Services Tribunal.
4. I have heard the arguments of the learned counsel for the petitioner and the respondents. It is admitted on both sides that the petitioner joined the Live Stock Experiment Station, Shah Jewana, as Live Stock Supervisor on 16‑4‑1987, pursuant to the order of the learned Minister, Live Stock, Punjab, dated 13‑4‑1987. It is also admitted that the appeal of the petitioner filed against his dismissal order is still pending with the competent authority, on which no decision has been taken so far. It is the case of the respondents that the order of the Minister has not been accepted by the respondents as of a competent authority. It is surprising that such a position is being taken now. If the order was without jurisdiction, the petitioner should not have been taken back into service. The respondents have been acting on the order and cannot now challenge its competence. The order of the learned Minister has been acted upon by the respondents. The petitioner has been serving the Live Stock Experiment Station, Shah Jewana. District Jhang. The order of the learned Minister does not set aside the dismissal order of the General Manager, P L D and P.D.D. It only reinstates the petitioner, pending the final decision of the departmental proceedings pending against him. In these circumstances, the petitioner is entitled to his salary as and from.' 16‑4‑1987, till any final decision is taken in his appeal finally dismissing him from service.
5. For the foregoing reasons, this petition is accepted and the respondents are hereby directed to release the salary of A.G. Afzal, petitioner, as and from 16‑4‑1987 up-to-date and thereafter till his appeal is finally decided, or till any final order is passed against him amounting to dismissal.
S.Q./A‑331/L Petition accepted