5552/2021 Const. P. Mst. Darakshan Ishaq (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
Order Date: 20-APR-26
Conversely, the learned AAG assisted by the learned counsel for respondents (DUHS) denied the petitioner???s claims and submit that the deceased initially served on a contractual basis and was regularized only on 16.05.2016 as Lecturer (BPS-18). They assert that only regular service counts toward gratuity, and since the deceased rendered 4 years and 7 months of regular service, he did not meet the minimum requirement of more than 5 years under the DUHS Pension Statutes, 2007. The respondents maintain that all other admissible benefits, including financial assistance, group insurance, and provident fund, have already been paid. They further contend that contractual service cannot be counted for gratuity, deny allegations of malafide, and state that the petitioner???s children did not apply for available posts, though he/she would be considered subject to eligibility and vacancy. The respondents conclude that the petition is misconceived and liable to be dismissed, when confronted the legal position of the case, both parties agreed in the terms that the competent authority shall hear the petitioner and pass speaking order on the plea taken by the petitioner in the present case, request seems to be reasonable and is acceded to. 4. Without touching the merits of the case, the competent authority of the respondent-University is directed to reconsider the matter on all aspect of the case and decide the petitioner???s case strictly in accordance with law by passing a reasoned (speaking) order within a period of three weeks with meaningful hearing. Insofar as the claim for appointment under the deceased quota is concerned, the same shall also be examined and decided in accordance with law. The petition along with pending application(s) stand disposed of in the above terms.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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