KARACHI: The Sindh High Court came down hard on the administration of the University of Karachi for regularising the service of a librarian only a few years before her retirement to deprive her of pensionary benefits.

A two-judge bench headed by Justice Mohammad Iqbal Kalhoro directed the KU vice chancellor to count temporary/officiating service of petitioner librarian Arifa Khatoon as regular and pay her pension within 30 days.

The bench also set aside a decision taken in November 2022 by the KU syndicate against granting pensionary benefits to the petitioner.

Arifa Khatoon had moved the SHC in 2020 stating that she was appointed as a librarian in 1987 by the KU, but her services were regularised after 31 years through an office order in August 2018 and she stood retired in May 2020.

Bench orders varsity to pay retirement benefits to petitioner in one month

The petitioner contended that the KU was avoiding releasing her pensionary benefits on the pretext that the requisite length of service for such entitlement was not fulfilled by her, while under the varsity law the length of service was to be counted from the date of her initial appointment and not from the date of regularisation.

In May 2021, the SHC had directed the university to place the matter before its syndicate to decide about counting previous temporary/officiating service of the petitioner followed by regularisation and also consider her case for grant of pensionary benefits within one month.

However, the petitioner filed an application seeking contempt proceedings against the VC and other officials of the university for not complying with the court order.

During the hearing of the contempt plea, KU registrar Prof Dr Abdul Waheed appeared in court after being summoned and informed the bench that he was originally a professor of economics and was given additional responsibility of the registrar.

Justice Kalhoro remarked that it was a violation of a court judgement as the SHC had ruled against posting of teachers on administrative posts.

The lawyer for the alleged contemnors submitted that the matter was taken up by the syndicate on Nov 27, 2022 and opined that since the petitioner did not complete 10-year regular service she could not be awarded pensionary benefits under the law.

The bench in its order noted that the service rendered for more than five years as contemplated by Section 14(i) and (ii) of the KU service statute, would only be added or taken into account for pensionary benefits when employee served minimum number of years for grant of pension.

“In such a scenario, we are of the candid view that Section 14 of the University of Karachi Service Pension Statute would entitle employees of respondent-university rendering temporary service in a temporary establishment of fewer than ten years would be entitled to a grant of regular pension, such period would also be counted towards pension if the employee is otherwise entitled to the pension,” it added.

While referring to two judgements of the apex court reported in 2012 and 2018 and legal position of the case, the bench observed that the petitioner did meet the required criteria to become entitled to service benefits.

Published in Dawn, March 9th, 2023