Asim Akram, Member. In the appeal at hand, the appellant has prayed "to set aside the impugned order dated 31.12.2018, while accepting the prayer of the appellant regarding regularization of period w.e.f. 14.07.2012 to 31.12.2018 as in service and early retirement with all consequently benefits."
2. That the impugned order dated 31.12.2018 states "imposed the major penalty of Compulsory Retirement upon Ms. Sadia Imad, (BS-19)/PA&AS Officer) with immediate effect and the period of unauthorized absence w.e.f. 14.07.2012 onward is hereby treated as Extra Ordinary Leave (EOL)."
3. From the perusal of the prayer made in this appeal the relief claimed by the appellant has already been given to her vide impugned order dated 31.12.2018 whereby she had been compulsorily retired with immediate effect i.e. 31.12.2018 meaning thereby she was in service till that day. Whereas her absence period without leave has been treated as EOL which according to the judgment of the Hon'ble Supreme Court dated 26.11.2020 passed in Civil Appeal No. 681 of 2020 (titled as National Bank of Pakistan and another vs. Zahoor Ahmed Mengal) is not a penalty. The relevant portion of the said judgment is reproduced as follows for ready reference:- "8.............. The only thing evident from the record is that by Memorandum dated 07.04.2016, the service of respondent was terminated from 31.10.2014 and the intervening period, from the date of absence from duty till the date of termination, way treated as Extra Ordinary Leave (EOL) without pay not counting towards Service, Promotion, Increment and Pensionary Benefits, etc. The treatment of absence period as EOL without pay has already been dealt with. by this Court in the case of NAB through its Chairman vs. Muhammad Shafique (2020 SCMR 425) and Kafyat Ullah Khan vs. Inspector General of Police, Islamabad and another (Civil Appeal No.1661 of 2019). where it has been held that while imposing penalty on the employee in the case of unauthorized absence. the absence period treated as an EOL is not a punishment. rather is a treatment given to the absence period, which employer is entitled to do. (Underlined to provide an emphasis)
4. Under the circumstances, the appeal at hand has been filed without any cause of action and is liable to be dismissed by following the principal laid down by the Hon'ble Supreme Court in its judgment referred to above. Parties be informed.