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MULTAN, Jun 16 (APP):Justice Malik Javed Iqbal Wains of Lahore High Court Multan Bench has ordered Pakistan Post to reinstate a contract employee with back benefits observing that he was terminated from service by the respondents on the basis of their erroneous interpretation of the orders of the Islamabad High Court.
Petitioner Ahmer Mumtaz Jatoi, the son of a retired postman, was recruited on a two-year contract as postal clerk (BS-09) in May 2023 at Sahiwal GPO after his father was retired after having been declared medically unfit/incapacitated.
However, on 18-2-2025, Senior Postmaster, Sahiwal GPO, terminated the services of the petitioner and his representation before Deputy Postmaster General (Admin), South Punjab Circle, Multan, was disposed of for being devoid of merit.
Syed Riaz ul Hassan Gilani, the counsel for the petitioner, contended that the respondent department misinterpreted the order dated 8-12-2022, passed by Islamabad High Court in a writ petition 1146/2022 and terminated the contract appointment of the petitioner without providing any reason and giving opportunity of hearing.
The law officer assisted by senior postmaster, Sahiwal GPO, argued that both the impugned orders were rightly passed by the respondents.
The judge observed: ”However, careful perusal of the order dated 8-12-2022 passed by Islamabad High Court reveals that it was merely as interim order, wherein the establishment division was directed to submit details of contractual appointments made under Prime Minister’s Assistance Package since 17-4-2018. The honorable court did not issue any explicit direction for the termination or cancellation of contractual appointments.” “Although, the court did make certain observations regarding appointments made in favour of the next of kin of deceased employees, however, no operational command was passed mandating the removal of such appointees.” “In this context, it is not legally sustainable how the respondent department interpreted the interim order as a direction to terminate the petitioner’s appointment.” “Even otherwise, the petitioner was appointed before passing the order of the court dated 8-12-2022 and as such his termination is prima facie illegal and without any lawful authority. That interim order of Islamabad High Court was later made part of the final judgment and while adjudicating upon the matter of appointments of next of kin, the IHC had relied on the judgement of honourable Supreme Court of Pakistan in the case titled General Post Office Islamabad vs Muhammad Jalal wherein the Supreme Court had clarified that the “Judgment shall not affect the appointments already made of the widow/widower, wife/husband or child of deceased or retired civil servants.”
The Judge allowed the petition ordering: ”The Impugned orders dated 18-2-2025 and 17-4-2025 are set aside. Respondent is directed to reinstate the petitioner into service from the date of termination, while providing all back benefits, in accordance with the law.”