- Target:
- The president Pakistan Telecommunication Company Limited Headquarters G/8-4 Islamabad
- Region:
- Pakistan
1-That after qualifying the Federal Public Service Commission, the petitioner had joined the erstwhile Telecommunication Department of the Government of Pakistan as an Assistant Divisional Engineer(BS-17) on 26-09-1990.
Subsequently on the establishment of the PTCL, the services of the petitioner were also transfered to the newly created company alongwith other employees on the same terms and conditions as were already applicable to them in the previous organization.
2-However in 2004, while working as Divisional Engineer Digital Development Islamabad under general Manager Digital Switching Islamabad, the petitioner met with a back injury and developed acute back ache. The wife of petitioner arranged immediate medical treatment at Melbourne Australia living there.
Petitioner applied for 70 days ex-Pakistan leaves from GM Digital Switching Islamabad, which were duly granted by the Regional office ASAP vide letter dated 12-11-2004 for a period from 02-12-2004 to 10-02-2005, the leaves were further extended for 20 days upto 01-03-2005.
3-That, however, since the medical condition of the petitioner had not improved enough as to undertake the long journey back to Pakistan, therefore, on 18-02-2005 the petitioner applied for extension of 90 days leaves on medical ground with the certificate of treatment of the Australian Doctor.
4-That, however, the request of the petitioner for extension in leave was not seriously viewed even examined or considered by the concerned authorities and after only 3 days, the petitioner was ordered to resume duty by return E-Mail directly from Then Member (Administration) PTCL H/Qtrs G-8/4 Islamabad dated 21-02-2005 without any consent of GM digital switching Islamabad.Another XXT/memo, dated 08-04-2005 was also sent directing the petitioner to resume duty within 15 days by the office the General Manager Digital switching Islamabad( Annexed)
5-That, however, before the expiry of the 15 days time given in the memo dated 08-04-2005, the respondent No.1 issued show cause notice to the petitioner on 12-04-2005( Annexed) without coordinating GM digital switching Islamabad region and internal investigation.
6-That, ignoring, doctor's strict advice in Australia the petitioner travelled all the way back to Pakistan from Australia and submitted defense reply to the show cause notice(Annexed). The petitioner submitted yet another application dated 24-0402005 along with medical report from doctor. However, the authorities bearing malice intention were adamant and keeping aside all applicable rules and law on the subject they imposed Major penalty of compulsory retirement upon the petitioner under the Removal from Services ( Special Powers) Ordinance 2000 vide notification dated 05-05-2005 ( Annexed)
7-That it is settled Law that leave on medical ground cannot be refused. At best the authority could refer the petitioner's case for 2nd opinion. It has also been held by the honorable Supreme Court of Pakistan in a recent judgement reported as 2008 SCMR 214 that availing of medical leave without permission could not be considered an act of gross misconduct entailing major penalty of dismissal from service.
Major penalty of compulsory retirement was harsh, politically biased, bearing personal interest and could not commensurate with nature of charge-converted penalty of compulsory retirement into reduction of two steps in time scale for a periods of two years.
8-That, the petitioner filed a departmental appeal his compulsory retirement on 03-0602005. the authority has,however, not yet responded to the departmental appeal although the petitioner has been pursuing the matter during this time after discontinuing treatment many times vigorouslythroughout this period.
9-That the respondent is deliberately avoiding to decide the petitioner's departmental appeal and is sitting over it only to deprive the petitioner's of his right to approach the court of law. Even otherwise, the petitioner is duty bound to examine and give reply to the petitioner's departmental appeal.
10-That, the petitioner has no other efficacious and speedy remedy except to invoke constitutional jurisdiction of this honorable Court; hence this writ petition.
In the circumstances it is respectfully prayed that a suitable writ may kindly be issued to the respondent directing him to decide the departmental appeal of the petitioner in a suitable time and communicate decision thereof to the petitioner for further action, if any. Any other relief to which the petitioner is found entitled may also kindly be granted in the circumstances of the case.
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The Petition Under Article 199 Of The Constitution Of The Islamic Republic Of Pakistan petition to The president Pakistan Telecommunication Company Limited Headquarters G/8-4 Islamabad was written by Ali and is in the category Justice at GoPetition.