Mst. ISMAT FATIMA Versus GOVERNMENT OF PUNJAB ETC.
S. ABDUL JABBAR KHAN (CHAIRMAN). ‑The appellant, Mst. Ismat Fatima. who is teacher in the Shah Hussain Girls High School, Gujrat, has filed an appeal under section 4 of the Punjab Service Tribunals Act in which she has impleaded Government of Punjab through Secretary Education, Director of Education, Rawalpindi and Deputy Directoress, Rawalpindi Division as respondents.
2. By virtue of this appeal the appellant has prayed that she may be declared to be in service under the respondents as Dinyat Teacher and she may be treated as teacher under M. L. R. 118.
3. Brief facts of the case are that the appellant was serving as Dinyat Teacher in Shah Hussain Girls High School since 1‑5‑1967. By virtue of the provisions of M. L. R. 118 and the various orders by the Government and the Director of Education‑ the services of the appellant stood nationalised with effect from 1‑10‑1972. The appellant was duly working on the relevant date. The appellant was also nominated for P. T. C. course vide order dated 19‑5‑1975. The headmistress of the school relieved the appellant from service with effect from 4‑12‑1972. The appellant submitted an application for setting aside the order of the Headmistress and also approached the Government in this behalf. Despite various representations from time to time she has not been paid her salaries and not allowed to perform her duties.
4. We have heard, the learned counsel for appellant as well as the Government Pleader assisted by the Departmental Representative and have carefully perused the record with their assistance. One thing is very clear from perusal of the record, that the appellant was positively working as a teacher in the Shah Hussain Girls High School, Gujrat at the time when this school was nationalised under M. L. R.
118. This observation of out's is based on the fact that the Attendance Registers pertaining to the years 1962 to 1969 and December 1972 to April, 1974 show the appellant's presence as a working teacher. Therefore, we have to repel the argument of the Department that the absence of the appellant's name as a working teacher teaching on the crucial date, i.e., 14th March 1972, would go against her. The record of her presence is naturally departmental and the absence of production of such record will invoke the application of section 114 of the Evidence Act. Reliance has been placed on P L D 1977 Lah. 924. The stand taken by the Department is that as the name of the appellant did not find mention in the list of such nationalised teachers, therefore, she could not be entitled to take benefit of the same. In N L R 1980 T D 122, this Tribunal has concluded a like issue and has held that due to there omission on the part of the Management or other agencies the benefit to which a person is so entitled cannot be withheld from that person, and the Tribunal gave a positive direction that the appellant in that case should be considered as nationalised. Despite these facts being in favour of the appellant the Department has sup ported the report so filed before us (Annex. C/1). We have gone through the contents of the report and find it ludicrous. For example the objection raised was that the pay drawn, by the appellant for the months of September 1971 to September 1972 showed a difference of paisas 20 and therefore her existence was doubtful. Similarly, there are entries in the Register showing departure time in various inks. We have no hesitation to repel the same as absolutely without any force.
5. We are of the considered opinion that the appellant had full right to be considered as a nationalised teacher and her not being treated as such has resulled in grave miscarriage of justice. The result is that we set aside the impugned verbal order of the Headmistress and hold that Mst. Ismat Fatima was working on the crucial date as a teacher in the aforesaid school. She would be treated as such and would be entitled to the salaries so accruing to her.
Petition dismissed.