Reinstatement of employee after exoneration

2013 PLC 1 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S.O. 15State Life Employees (Service) Regulations, 1973, Regln. No.33State Life Employees (Pension) Regulations, 1986, Reglns. 10(3) & 11Constitution of Pakistan, Arts.25 & 199Constitutional petitionDismissal from serviceReinstatement of employee after exonerationEntitlement to back benefits, salary and statutory promotionsScopeEmployee was dismissed from service on allegation of misconduct

Appeal filed by employee against order of dismissal having been dismissed by the Service Tribunal, the employee filed appeal before the Supreme Court

Supreme Court set aside order of dismissal and ordered fresh inquiry into the matter and the employee re-joined his service after 456 days of dismissal from service

As per orders of the Supreme Court, de novo inquiry was conducted and on completion of inquiry, the employee was exonerated of all charges, but his period of suspension was treated as extraordinary leave without pay

Being dissatisfied of said order, employee filed another departmental representation with the prayer that his period of service shown as extraordinary leave should be treated as part of service, and that he should be considered eligible for service benefits which had accrued for the period during which he remained out of service

Said representation filed by employee was partly accepted, insofar as annual increments were allowed, but no order was passed regarding other withheld increments and he was also not considered for due promotion along with his batch-mates

Appeal filed by the employee against said order under Regulation No.33 of State Life Employees (Service) Regulations, 1973 was partly accepted against which, employee had filed instant constitutional petition

Employee had been reinstated with effect from the date of his termination from service by unconditionally exonerating him of all the charges, therefore, he would not only be entitled to all his salaries from the date of dismissal till the date of his reinstatement, but also to the increments and other benefits which were granted to other similarly placed officials of the employer's corporation from time to time including annual grade increments

Fact that employee stood dismissed from service, had been washed away by reason of his reinstatement

Absence of employee from duty which in any event was forced, could neither be converted into extraordinary leave without pay, nor could he be denied annual grade increments for the year during which he was not in service

Denial by corporation to allow back benefits, promotion and seniority to the employee, was patently violative of the principle of equality as enshrined in Art.25 of the Constitution

Employee could not be made to suffer for an act of a higher authority and for no fault on his part

Nothing on record showed that the employee was gainfully employed during the period that he was kept away from his job

Employer corporation was under an obligation to follow the rule and not the exception

Employee, in circumstances, was held entitled to the benefits claimed by him.