KARACHI, March 26: The Federal Service Tribunal on Wednesday ordered reinstatement of Mohammad Ali Shaikh as principal of Sindh Madressatul Islam, Karachi, with retrospective effect.
Mr Shaikh tendered his resignation on Sept 20, 2000, but withdrew it three days later. His resignation was accepted by the federal education secretary on October 19. The vice-principal was asked to take over as principal.
Mr Shaikh moved a petition before the service tribunal against the acceptance of his resignation and joined Shaheed Zulfikar Ali Bhutto Institute of Science and Technology as director (research) in January 2001.
His counsel, Advocate Mohammad Nawaz Shaikh, submitted before the tribunal that the principal resigned in a huff under ‘compulsion of circumstances’ as he was facing ‘harassment’. As soon as he realized his mistake, he sent a withdrawal letter on September 23, 2000, and followed it up with a fax message. The rules permitted withdrawal of resignation. He continued to work as principal till October 19, 2000, when he received the education ministry’s letter accepting his resignation and asking him to hand over the charge of his office to the vice-principal.
The counsel argued that the federal education secretary had no power to accept his resignation and relieve him as Mr Shaikh was holding a grade 20 job and the prime minister/chief executive was the competent authority in respect of grade 20 employees.
An FST bench, comprising the tribunal chairman, Justice Amanullah Abbasi (retired), and member Iftikhar Ahmad, heard the petition in Karachi on Wednesday.
It upheld the withdrawal of Mr Shaikh’s resignation and ordered his reinstatement. He shall be deemed to have remained in service and shall be entitled to all remunerations and benefits he would have received as principal.
