805/2016 Const. P. Sarfaraz Ahmed (Petitioner) V/S N.B.P 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: 21-APR-25
The core issue is whether the Petitioner fulfilled the mandatory five-year service requirement with the respondent bank from his appointment date of March 20, 2010, until his termination letter dated January 19, 2016. Although clause 6.2 of the appointment letter stipulated a five-year service period, which appeared to have been completed by March 2015, this is rendered complex by the regularization of the Petitioner's unauthorized absence from September 8, 2014, to February 12, 2015 (258 days), as unpaid Extraordinary Leave. Furthermore, the Petitioner submitted his resignation on April 27, 2015, to which the respondent bank replied on May 8, 2015, requesting the settlement of liabilities. Given that the five-year term was completed during this period, it seems this clause should not have been invoked. Instead, the Petitioner's resignation could have been accepted. The respondent bank's inaction in this regard, persistently demanding liability clearance under clause 6.2, demonstrates a lack of consideration, ultimately forcing the Petitioner to file the present petition on February 10, 2016. Consequently, this petition is allowed, and the respondent bank is hereby directed to address the Petitioner's resignation and issue a decision within two months from the date of this order and if need to pursue any autstandig liabilities before the court of competent jurisdicition. The contested orders are accordingly overturned.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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