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SALMA MEMON vs SUI SOUTHERN GAS COMPANY LIMITED, through Managing Director S — 2024 PLC(CS) 410 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PLC(CS) 410 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PLC
Parties
SALMA MEMON vs SUI SOUTHERN GAS COMPANY LIMITED, through Managing Director S
Subject matter
Constitutional
Provisions referred to
S. 3---D

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SALMA MEMON VS SUI SOUTHERN GAS COMPANY LIMITED, through Managing Director S.3---Dismissal from service---Absence from duty---Scope---Petitioner assailed her dismissal from service on the ground of her absence from duty---Petitioner was granted Ex-Pakistan Leave for 174 days, thereafter she made an application for medical leave supported by an advice of a foreign doctor for 90 days---Petitioner was granted a leave of only 29 days where-after still being unwell she applied for another extension of leave for 63 days that too without pay, that request was declined---Validity---Chief Medical Officer of the authorities having been confronted with the medical reports gave advice that the petitioner could fly to Pakistan for her further treatment---Such act of the Chief Medical Officer itself was in excess of the authority given to him by the Sick Leave Rules---Company had ample material to act as per Cl 30.1 of the Rules and should have granted 30 days initial leave with full remuneration---Correct procedure as provided by Sick Leave Rules should have been followed by initially giving 30 days leave with full remuneration where there was even an option to avail another three months sick leave under Cl. 30.2(iii) and a further three months sick leave under Cl. 30.2(iv), thereafter under Cl. 30.2(v) if after 12 months of illness over and above the entitled sick leave period, an executive was found unfit for further service, then he/she could be retired on medical grounds with full terminal benefits as admissible under the Rules---Authorities had failed to act in accordance with Sick Leave Rules, in circumstances---Constitutional petition was allowed, impugned order was set aside and the petitioner was reinstated on her previous post from the date of the order with all back benefits.

Other judgments reported in 2024 PLC

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