1480/2019 Const. P. Dr. Maryam Shafiq (Petitioner) V/S Chancellor Fed. Urdu University & Ors (Respondent)

1480/2019 Const. P. Dr. Maryam Shafiq (Petitioner) V/S Chancellor Fed. Urdu University & Ors (Respondent) Sindh High Court

Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 17-MAR-20

the petitioner has sought indulgence of this Court while calling in question the termination letter dated 26.02.2019 issued by the Federal Urdu University of Arts, Science and Technology (hereinafter referred to as University), relieving her from the services of University with retrospective effect i.e. 20.10.2018, which according to the petitioner is without lawful authority and of no legal effect.---We are not satisfied with the assertion of the respondent-university on the aforesaid analogy, for the reason that Fundamental Rule 54, is clear in its terms, dealing with the reinstatement of the employee consequent to setting aside of his dismissal/removal from service, the entitlement of the employee, to have the period of his absence from his service treated as "on duty" is a statutory consequence of his being reinstated on the merits--This being the legal position of the case, the instant petition is allowed with no order as to costs by holding that the impugned termination order dated 26.02.2019 issued by respondent-university is without legal consequence. Thus, the service of the petitioner is reinstated with effect from termination of her service i.e. 14.02.2019. The respondents are directed to grant her service benefits for the intervening period in accordance with law, within a period of two (02) weeks from the date of receipt of this order.