IN
THE HIGH COURT OF SINDH AT KARACHI.
Date Order with signature of Judge
Dated: 26.04.2012
Mr. Haji Abdul Majeed for the petitioner.
Mr. Adnan A. Karim, AAG for the respondents.
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The brief facts of the petitioner’s case are that he was on 12.08.1996 selected for appointment as a temporary Constable w.e.f. 07.08.1996 up to 10.10.1996 (86 days) against leave vacancy of Constable Ali Khan. Upon expiry of such period he was relieved. However, vide order of June, 2009 the petitioner was reinstated in service with immediate effect, though without back benefits, and reported joining on 29.06.2009 (page 33 of the file). As per order dated 20.06.2009 he was placed at the disposal of Director Excise & Taxation (Excise) Karachi until further orders. The petitioner, however, was not paid any salary since after purported reinstatement. Vide letter dated 03.01.2011 issued by the Finance Department, Government of Sindh, the Administration Department was advised to withdraw/cancel reinstatement order in respect of the petitioner forthwith and in case the department wants to retain him in service the petitioner may be appointed afresh against post of Excise Constable as per rules. It is stated in the letter that under the relevant policy/rules a person who is appointed against leave vacancy and terminated during the period is presumed temporary and has no right of any kind of benefit i.e. counting of service, seniority and pensionary benefits and since the services were not regularized the petitioner’s reinstatement issued by the Administration department is violative of the relevant rules and the policy.
We are also of the same view as the petitioner having been appointed on a leave vacancy in the year 1996 (for 86 days) and having been relieved after expiry of such period of 86 days cannot be reinstated and that too in the year 2009 as there is no question of reinstatement of an employee whose period of service has already expired. However, since, as noted above, the petitioner was reinstated, though illegally, and was allowed to join duty after reinstatement and in fact was placed at the disposal of Director Excise & Taxation (Excise) Karachi and till 03.01.2011 neither any order was passed for his termination nor was he given any notice and it is also not claimed by the respondents that the petitioner did not serve during all this period, we would dispose of this petition along with pending applications by directing the respondents to pay to the petitioner his salary for the period from June 2009 up to 02.01.2011 within one month from today and to consider him for fresh appointment as per rules sympathetically whenever vacancies for the post of Excise Constable are available.
Judge