| Citation(s) |
|---|
| 2016 SLG 1927 2016 SLD 1927 2016 IHC |
Islamabad High Court
C.R No. 89/2016, 12.04.2016
MOHSIN AKHTAR KAYANI, J
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C.R No. 89/2016, 12.04.2016
MOHSIN AKHTAR KAYANI, J
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Institute Of Space Technology (Ist)
VS
Husnain Riaz, Etc.
Law:
Section:
Keywords: Result: Civil Revision Petition accepted MOHSIN AKHTAR KAYANI J. Through this Civil Revision petition the petitioner has assailed the order dated 14.01.2016 passed by learned Civil Judge, 1st Class (East), Islamabad, whereby, application U/S 151 CPC filed by respondent No. 1 was accepted. 2. As per Civil Revision Petition, brief facts of the case are that the petitioner is a degree awarding Institute established under Institute of Space Technology (IST) Act, 2010 and after its creation the institute is providing the quality education in the area of Space Technology, in order to strengthen its faculty, petitioner organization launched faculty development program and in pursuance of their offer letter dated 12.01.2008, respondent No. 1 was selected as Demonstrator (Air Space Engineering). As per said offer letter, respondent No. 1 was required to get admission in PhD program and after completion of the same he was to be re-appointed as Assistant Professor, therefore, respondent No. 1 had to execute a service bond of seven (7) years. 3. Under the terms of offer letter, on 18.08.2008 the petitioner organization notified the approval of authority in favour of respondent No. 1 thereby granting formal permission to pursue his higher studies abroad for the period of four (4) years against the sanctioned expenditure of Rs. 54,000 USD for whole duration of studies including tuition fee, air fare. 4. Respondent No. 1 had also executed an agreement on 15.08.2008 with the petitioner organization in which he bound himself to pay the penalty in case the terms have been violated especially if he failed to complete his studies for which scholarship has been awarded. 5. In pursuance of offer letter and agreement, petitioner organization started paying installment of scholarship, whereby, the University of Texas issued transcript and Performance Evaluation Report to the sponsoring authority i.e. the petitioner organization. It is pertinent to mention here that the payment of installment was subject to satisfactory performance. Respondent No. 1 failed to submit the report to the petitioner regarding his completion of course, therefore, after communication through email,…
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