SHC seeks list of government servants on ex-Pakistan leave

The Sindh High Court (SHC) has directed the chief secretary to provide a list of all the government employees on ex-Pakistan leave with and without pay and have not reported yet.

The direction came on Friday on a petition of Dr Yar Mohammad Sheikh seeking post-retirement pensionary benefits from the provincial government. He had submitted that he was appointed in 1988 as an ad hoc employee in the health department and was regularised in 1994. He submitted that he proceeded to Saudi Arabia during his service and on inquiry he categorically stated that he sought permission from the department in that regard, which was granted before he left the country.

The petitioner submitted that he was retired from service after issuance of several show-cause notices and their replies. He requested the high court to declare that he had lawfully served 12 years and 11 months in the government, due to which he was entitled to all the pensionary benefits as per the West Pakistan Civil Service Rules 1963.

The SHC had on a previous hearing called comments from the health department in order to ascertain whether the petitioner had the requisite length of service to claim the pensionary benefits and/or his service was dispensed with under disciplinary proceedings by the department.

The health department later submitted that the petitioner had applied for a three-year ex-Pakistan leave with effect from October 1, 2001, for a job in Saudi Arabia and later he submitted an application for grant of a 90-day leave with effect from November 26, 2001 and gone away on self-generated leave since November 26, 2001.

The health department submitted that the petitioner was an absconder since November 26, 2001, till his retirement up to February 25, 2015. It was submitted that the health secretary, being the authorised officer, had observed that his service tenure was less for grant of pension but he could apply for a final payment of gratuity funds.

A division bench of the high court comprising Justice Aftab Ahmed Gorar and Justice Adnanul Karim Memon after taking the health department’s comments on record directed the provincial services and finance secretaries as well as the accountant general Sindh to appear in person on the next hearing.

The SHC also directed the chief secretary to submit a list of all the government employees who were on ex-Pakistan leave with and without pay, and had not reported yet.