MUNIR AHMED vs MINISTRY OF SCIENCE AND TECHNOLOGY Reglns — 2024 PLC(CS) 1284 ISLAMABAD

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MUNIR AHMED VS MINISTRY OF SCIENCE AND TECHNOLOGY Reglns.2 (9), 16 & 32---Termination of service without issuance of notice---Term "employee"---Employee on probation---Status---Expiry of probation period---Petitioner was appointed as Director General-Planning, Policy, Innovation, Program and Research with respondent National Energy Efficiency and Conservation Authority (NEECA)---Services of petitioner were terminated after completion of period of probation without issuance of any notice---Validity---In case of unsatisfactory performance or conduct during probation, etc. services of employee could be terminated under Regln. 16(3) of National Energy Efficiency and Conservation Authority Service Regulations, 2021---Successful completion entailed intimation thereof whereas in the alterative employee was not only to be informed that he had not been successful during his probation period but that his employment was also terminated---Provision of Regln. 32 of National Energy Efficiency and Conservation Authority Service Regulations, 2021 pertained term "employee" which meant a regular employee of Respondent Authority, as per the definition provided in Regln 2(9) of National Energy Efficiency and Conservation Authority Service Regulations, 2021---Provision of Regln. 32 of National Energy Efficiency and Conservation Authority Service Regulations, 2021 did not apply to employees on probation---Petitioner stood confirmed on 28-12-2022 due to failure of Respondent Authority to inform him that his probation was unsuccessful by the day on which maximum period of probation expired---Termination letter issued to the petitioner was in violation of National Energy Efficiency and Conservation Authority Service Regulations, 2021---Petitioner was a regular employee on such date and could only be removed from service in accordance with the National Energy Efficiency and Conservation Authority Service Regulations, 2021 and not by way of any Letter on the pretext of unsatisfactory completion of probation period---High Court set aside order terminating employment of petitioner---High Court declared that petitioner was entitled to salary, benefits, emoluments, etc. from 20-01-2023 till the publication of Gazette Notification dated 04-03-2024 whereby post in question was abolished---Constitutional petition was allowed accordingly.

MUNIR AHMED vs MINISTRY OF SCIENCE AND TECHNOLOGY Reglns — 2024 PLC(CS) 1284 ISLAMABAD

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