1979/2013 Const. P. Abdul Razzak Memon (Petitioner) V/S National Bank of Pakistan and Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 23-APR-25
At first glance, the previously reached settlement between the parties cannot be revisited now. However, the court order dated December 8, 2011, and the terms of their compromise agreement, which has become final, must be strictly followed. Therefore, attempting to appoint the Petitioner to a new category is unwarranted. As the Petitioner, formerly a Labour Inspector (Shops & Establishment) Zone 'C' Hyderabad, was relieved from his duties specifically to join the National Bank of Pakistan under this compromise (endorsed by this Court on December 8, 2011 in Constitutional Petition No. D-106/2010), as such his prior service must be taken into account for pension, pay determination, and other employment benefits in terms of Civil Service Regulation (CSR) Article 371-A(i) as well as in terms of compromise application. on the aforesaid proposition, we are guided by the decision of the Supreme Court in the cases of Nafees Ahmad V/S Government of Pakistan and others, 2000 SCMR 1864, Ch. Muhammad Azim V/S The Chief Engineer, Irrigation and others, 1991 SCMR 255, Chairman, Central Board of Revenue and others V/S Nawab Khan and others, 2010 SCMR 1399. And the case is reported as (2021 SCMR 1546). Besides, this protection is also provided under Fundamental Rule 22-A.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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