Islamabad: Supreme Court (SC) has maintained if any employee continues to do regular job in other department during his dismissal then he is not entitled to back benefits of this period.

The court while rejecting the appeal plea of a citizen did not accept this appeal.

According to detailed written decision issued by SC, the decision was announced by division bench comprising Justice Sardar Tariq Masood and justice Muhammad Ali Mazhar.

The civil petition No 1545 of 2019 filed by Iftikhar Ahmad was dismissed.

According to court's decision the petitioner who was working as assistant controller examination in National University of Sciences and Technology (NUST) was charged with leaking the papers of entry test of 2011. He was dismissed from service on March 30, 2012 after inquiry.

Later he was reinstated under the directives of court. Salaries and perks of certain period were also paid to him.

However as per record the petitioner performed as deputy director in university of engineering and technology Taxila from December 21, 2012 to September 5, 2016. The respective institution declared this period leave without pay and refused to pay back benefits.

SC made it clear in its decision the principle of back benefits applies to such employees who have remained jobless during the period of dismissal from service. If any one is doing job some where else or doing business then he cannot claim salary for this duration.

The court further remarked it is essential for such claim the petitioner makes it clear in his petition that he remained jobless during this period.

The court maintained there is no legal vacuum in the decision of Islamabad High Court. Therefore, permission for filing appeal cannot be given while rejecting the civil petition.