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1989 PLC (C.S.) 526

Prof. Dr. Syed ADIL HUSSAIN vs UNIVERSITY OF KARACHI and others

Citation1989 PLC (C.S.) 526
CourtSindh High Court
Case No.Constitutional Petition No,D-392 of 1988
Date1988-04-25
Judge(s)Saleem Akhter, Saeeduzzaman Siddiqui
ResultPetition dismissed

ORDER

1. ' SAEEDUZZAMAN SIDDIQUI, J.--The petitioner who is a professor in the Department of Political Science, University of Karachi has filed this petition and has made a grievance that in spite of the fact that he exercised his option not to avail the L.P.R. In accordance with paragraph 25 of the Scheme of Basic Pay Scale & Fringe Benefits appearing at page 505 of the University of Karachi Code (January 1984 Edition), the authority concerned has not yet intimated him about the acceptance of the option exercised by him. The relevant rule is already reproduced in Annexure "A" to the petition which is a letter addressed to the petitioner by the Registrar of the University and reads as follows:- "25. ENCASHMENT OF L.P.R.: At present encashment of LPR up to six months is permissible to Government servants provided the LPR is refused by Government in public interest. Henceforth, the option for Encashment of LFR shall rest with the Government servant concerned. In case, a Government servant opts not to take LPR he shall be allowed leave salary for the period for which LPR is admissible subject to a maximum of six months."

2. From the letter Annexure "A" to the petition as well as from the rule quoted above it is quite clear that the petitioner was only required to state his option with regard to availing or otherwise of the L.P.R. And no confirmation of such an option was needed by any authority. In our view as soon as a Government servant exercises his option in accordance with the provisions of the above rule .The consequences provided therein automatically follow. We accordingly see no justification for the apprehension expressed by the petitioner's counsel before us and dismiss the petition summarily.

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