livelawpk.com - In a significant judgment, the Islamabad High Court has rule

Islamabad High Court Rules in Favor of Petitioner, Sets Aside Termination and Entitled him to Salary and Benefits

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Islamabad High Court Rules in Favor of Petitioner, Sets Aside Termination and Entitled him to Salary and Benefits

Islamabad 08-07-2024: In a significant judgment, the Islamabad High Court has ruled in favor of petitioner, a senior official whose services were terminated by the National Energy Efficiency and Conservation Authority (NEECA). The Court set aside the termination letter dated 20-01-2023, but upheld the subsequent abolition of the post held by petitioner due to financial constraints cited by NEECA.

The petitioner was appointed as Director General (Planning, Policy, Innovation, Program, and Research) at NEECA on December 22, 2021, with a probation period of one year. However, he was terminated on January 20, 2023, allegedly for unsatisfactory performance during his probation period. The petitioner challenged the termination, claiming procedural violations and asserting that his probation period had already ended, making him a regular employee.

Ms. Justice Saman Rafat Imtiaz delivered the judgment, addressing several key legal principles. The Court found that the writ petition was maintainable, as it alleged procedural violations by a statutory body, NEECA. The Court emphasized that the probation period of one year ended on December 28, 2022, and without an extension or termination notice, the petitioner became a regular employee by default.

The Court held that petitioner's appointment was regular, not contractual, as there were no documented reasons for a contractual appointment despite the post being regular as per NEECA Service Regulations.

The judgment highlighted that regular employees could only be terminated through proper disciplinary procedures as outlined in NEECA's regulations. The Court found that the termination letter issued on January 20, 2023, violated these regulations as the petitioner was already a regular employee by that date.

Regarding the abolition of the post, the Court acknowledged the Gazette Notification published on March 5, 2024, which formally abolished petitioner's position due to financial constraints. The Court noted that such policy decisions are typically not interfered with, especially when justified by financial considerations.

The Court set aside petitioner's termination letter and ruled that he is entitled to salary and benefits from January 20, 2023, until March 4, 2024, the date the Gazette Notification was published. The petition was dismissed regarding the abolition of the post, upholding NEECA's decision due to financial constraints.

This judgment underscores the importance of procedural compliance in employment terminations and the automatic confirmation of employees upon the completion of their probation period without explicit extensions or terminations.