228/2022 Const. P. Alauddin (Petitioner) V/S The President NBP and Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
228/2022 Const. P. Alauddin (Petitioner) V/S The President NBP and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 19-AUG-25
The petitioner's acceptance of the reinstatement and the signing of the joining report, which designated his time away as "extraordinary leave without pay," prevents him from now claiming back benefits for that period. He did not challenge the conditional reinstatement at the time, and since that order is now final, this court is not required to intervene under Article 199 of the Constitution. The Supreme Court in the case of National Bank of Pakistan vs Zahoor Ahmed Mengal 2021 SCMR 144 has ruled that an employer can treat an unauthorized absence as "Extra Ordinary Leave (EOL) without pay" and that this is not a form of punishment. 9. The petition is dismissed based on the Supreme Court's ruling in the NBP case mentioned earlier.