HYDERABAD: Department given 30 days to implement order
By Our Correspondent
HYDERABAD, July 24: The Hyderabad circuit bench of the Sindh High Court on Monday granted another 30 days’ time for implementation of its April 6 order in respect of release of salaries to seven primary school teachers. In case of failure, the Sindh secretary education and accountant general would be required to appear in person on August 29.
The additional advocate-general of Sindh, Masood A. Noorani, informed the court that the petition filed by the state against the Sindh High Court’s order of April 6 had been dismissed. Therefore, respondents needed 30 days’ time to implement the directive.
The court passed the order on a constitutional petition, filed by Mohammad Alam, Ferozdin, Wahabuddin, Ms Razia, Mohammad Aslam, Ms Sakina and Ms Rozina, who were represented by advocate Yousuf Leghari.
They cited secretary of education, the accountant-general, the EDO education, the district officer education, the district accounts officer, Nawabshah, as respondents.
The petitioners said that except for Mohammad Aslam, Ms Sakina and Ms Rozina, who were appointed as peons, the others were appointed as primary school teachers (PSTs) in 1995 and such appointment orders were issued from the office of the sub-divisional education officer, Sakrand.
They said that after joining duties they were discharging their responsibilities and drawing salaries according to their respective pay scales and added that their salaries were stopped without any reason in 1995 and 2000 by DO education.
They approached EDO and moved application for release of their salaries but without any result although assistant DO sent comments to higher authorities, clearly mentioning that salaries of petitioners may be released with retrospective effect. They said EDO found petitioners’ documents genuine during their verification adding that they were to be dealt in accordance with Sindh Services Act and Rules.
They said that some of the PSTs were reinstated by Sindh chief minister and they were drawing their salaries.
They informed that some candidates approached high court and their salaries were ordered to be released.
They said that their salaries were illegally stopped and they were facing hardships as their families were on the verge of starvation.
They maintained that verbal directive of respondents is illegal and they had been condemned unheard adding that they had been treated malafidely.
They stated that they did not receive any notice when their salaries were stopped. The pointed out that they were aggrieved persons within ambit of Article 199 of Constitution as their fundamental rights had been infringed.
They prayed the court to order the release of their salaries with retrospective effect and directives should be issued not to stop salaries of petitioners in future without due process of law.
The petitioners had also filed a contempt of court application for violating high court’s order dated April 6. In the said order the court had referred to comments of respondents EDO, DO education and DAO Nawabshah and in para-9 of said comments they admitted that assistant DO education Sakrand certified validity of petitioners and valid appointment orders were issued in their favour and they were not fictitious persons.
