LAHORE, Oct 24: The Punjab ombudsman has taken serious notice of mal-administration on the part of health department for stopping the salary of a complainant and pressurizing her to deposit the salary received within five days.

Complainant Aleemuddin of Talagang contended that his daughter, Yasmin Akhtar, was appointed lady health visitor by the Rawalpindi Health Services director on June 15, 1998, on contract basis against a lump sum salary of Rs3,660 per month.

She accepted the contract and received Rs3,660 as salary for nine months. After that her pay was reduced to Rs2,731 and she was ordered to deposit the ‘extra’ amount of salary paid to her within five days in the government treasury.

The complainant contended that the pay of his daughter has been stopped since February, 2000.

In response to the ombudsman’s notice, the Chakwal district health officer reported that the complainant’s daughter was appointed LHV on contract basis and she was offered Rs3,660 per month salary. But the appointing authority later substituted these orders and changed the incentive. He stated that the salary of the complainant’s daughter for February, 2000, has already been paid.

The ombudsman observed: “Thus in view of the condition of this contract, no doubt, the appointing authority had the power to vary the contract without notice to the complainant, yet this variation or addition shall have to take place for future and not with retrospective effect. The change in the monthly emoluments from Rs3,360 to Rs2,731 cannot thus be termed as against the terms of the contract. However, the recovery of the pay from the complainant for the period prior to the substitution of the contract cannot be held legal, being against the terms of the contract. Thus, the direction to deposit the overpaid amount of salary into the government treasury, being beyond the terms of the contract, falls within the ambit of mal-administration as defined in sub-section 2 of Section 2 of the Punjab Office of the Ombudsman Act, 1997.”

“In view of what has been discussed above, the director, Health Services, Rawalpindi, and also the district health officer, Chakwal, are hereby directed to withdraw their orders directing the complainant to deposit the amount on account of over payment of salary within five days in the government treasury, being against the terms of the contract, immediately under intimation to this office.”

The ombudsman also directed to ensure regular payment of the salary in lump sum at the substituted rate so long as the contract remains in force.—APP