ABDUL RAZZAQUE MEMON vs NATIONAL BANK OF PAKISTAN through President, Karachi art

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ABDUL RAZZAQUE MEMON VS NATIONAL BANK OF PAKISTAN through President, Karachi art. 371-a(i)---appointment letter issued but employee not allowed to assume duty---Retroactive seniority and appointment validation, according of---Subsequent denial of seniority, financial benefits, and service entitlements---Prior service rendered in another department for the purpose of pension, pay fixation, and service benefits, recognition of---Petitioner directed to be treated at par with similarly situated employees---The petitioner (employee) was appointed to a Grade-III officer position at the National Bank of Pakistan through an appointment letter dated back in 1996, but was prevented from joining the bank's service allegedly due to a politically motivated dismissal of the government, whereas, his similarly qualified peers joined and were promoted---after the enactment of Ordinance No. act II of 2009, petitioner filed a constitutional petition and was allowed to join the bank in 2011 through a compromise between the parties made before the court in the said petition that validated his appointment w.e.f. 1996 with retroactive seniority, however, since joining, petitioner stated to have faced discrimination, denial of seniority and financial benefits from original appointment to date, lower pay, denial of medical leave, and refusal to acknowledge prior service for retirement benefits---Held: at first glance, the previously reached settlement between the parties could not be revisited---However, the court order passed in 2011 and the terms of their compromise agreement, which had become final, must be strictly followed---Therefore, attempting to appoint the petitioner to a new category was unwarranted---as the petitioner, formerly a Labour Inspector, was relieved from his duties specifically to join the National Bank of Pakistan under this compromise (endorsed by this Court in 2011 in a prior Constitutional Petition), as such his prior service must be taken into account for pension, pay determination, and other employment benefits in terms of Civil Service Regulation (CSR) art. 371-a(i) as well as in terms of compromise application---The bank was directed to strictly adhere to the terms of the compromise order passed in the previous Constitutional petition, and to treat the petitioner's service from his initial appointment date in the Labour Department as continuous for pension and pay fixation in the bank---In the interim, the petitioner was to be considered equitably with his batchmates for seniority and promotion, provided his service record was satisfactory and the matter of arrears for the intervening period was to be considered for payment to the petitioner---Constitutional petition was disposed of, in circumstances.

ABDUL RAZZAQUE MEMON vs NATIONAL BANK OF PAKISTAN through President, Karachi art — 2025 PLC(CS) 1123 KARACHI-HIGH-COURT-SINDH

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