A wrongfully terminated employee can be reinstated on the precedent of this judgment of Sindh Services Tribunal.
Citation Name : 2011 PLC 526 SERVICE-TRIBUNAL-SINDH Side Appellant : GOHRAM SOOMRO Side Opponent : SECRETARY, MINISTRY OF EDUCATION
S. 4---termination of service---Appeal---Appellant who was appointed as High School Teacher (B-16) on 13-8-1995, continued to serve as school teacher in rural area for about nine years, but all of a sudden his monthly salary was stopped---Appellant however continued to serve the department, while three years thereafter on 28-4-2007, he was verbally informed that he was no more a government servant on the ground that he was a bogus employee; as his appointment was made on false/fictitious documents---termination of the appellant from service was not made through any written order---Not only any show-cause notice was issued to the appellant, but detailed enquiry was also not conducted in the matter---Appellant who continued receiving salary for not less than a period of nine years without even being questioned, with the passage of a decade in service, had acquired a very valuable right and if was thrown out of job at that stage and his age, he could never get a like job elsewhere for various reasons including the stigma of dismissal---Order of termination of the appellant, was void ab initio, illegal and without jurisdiction---Appeal by the appellant was not hit by any provisions of limitation as no time would run against order of termination ---Appellant in view of his long unblemished service had acquired a valuable right---No fault was shown on the part of the appellant, but it lay entirely on the authorities, who were either so careless or in a deep slumber for more than 9 years to learn about alleged irregularity in appointment of the appellant---Authorities were directed to reinstate the appellant from the date he was removed from service, with all back-benefits admissible under the law.
