1617/2025 Const. P. Mansoorul Haque Solangi (Petitioner) V/S Fed. of Pak.& ors. (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
1617/2025 Const. P. Mansoorul Haque Solangi (Petitioner) V/S Fed. of Pak.& ors. (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon Order Date: 24-JUN-25
It is a settled principle that merit-based reinstatement entitles employees to full "back benefits" (retroactive pay), as established by the Supreme Court in the case of Muhammad Sharif v. Inspector General of Police (supra). Exceptions arise if reinstatement is due to procedural defects (pending fault determination) or reduced penalties. FR 54 treats periods of full paid absence as duty. The petitioner's counsel argues the 'gainful employment' exception does not apply, as the Respondent failed to prove it, and his pro bono legal work is not "gainful employment." However, given the Supreme Court's previous ruling disallowing the petitioner's back benefits due to insufficient evidence of non-gainful employment, this court cannot contradict that decision. The onus is on the petitioner to present new evidence in the proper forum to substantiate his non-employment during the intervening period. 11. For the reasons stated above, this petition is dismissed with pending application(s), if any.