Legal Case Summary

Case Details
Case ID 0a30c7be-1b69-471e-ba7d-7df1b72d13fb
Body View case body.
Case Number Writ Petition No. 8508 of 1990
Decision Date May 19, 1991
Hearing Date May 19, 1991
Decision The Lahore High Court ruled in favor of the petitioners, declaring the termination of their services as unlawful and without legal effect. It found that the petitioners had been appointed against substantive vacancies and had satisfied all qualification requirements. The Court emphasized that the decisions made by the Cabinet were arbitrary and discriminatory, violating the petitioners' vested rights and due process as outlined in the Constitution. The Court stated that policy decisions of the Government are generally not subject to judicial review unless they adversely affect a vested right of a citizen. In this case, the petitioners' rights were indeed affected, justifying the Court's intervention. The Court's decision underscored the importance of applying independent judgment in administrative actions and highlighted the need for fairness and equality in public employment.
Summary This case revolves around the arbitrary termination of several petitioners who were appointed to government positions on an ad-hoc basis. The Lahore High Court addressed significant legal questions regarding the jurisdiction of the High Court under Article 199 of the Constitution and the applicability of Article 212 concerning the Service Tribunals Act. The petitioners, having been appointed by the Prime Minister's Secretariat against substantive vacancies, argued that their rights were violated when their services were terminated based solely on a Cabinet decision without independent review. The Court found that the petitioners had met all qualifications and had vested rights that were disregarded in an arbitrary manner. The judgment emphasizes the necessity for independent decision-making in administrative contexts and the importance of equal treatment in government employment, particularly in light of the provisions for due process and equality guaranteed in the Constitution. This ruling serves as a precedent for similar cases where public servants face arbitrary termination, reinforcing judicial oversight of executive actions.
Court Lahore High Court
Entities Involved Not available
Judges TANVIR AHMAD KHAN, J
Lawyers Talat Farooq Sh., Aftab Iqbal Ch. Dy. A.G., Yawar Ali Khan, Standing Counsel
Petitioners Sheikh MUDASSAR AHMAD
Respondents 2 others, GOVERNMENT OF PAKISTAN through SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD
Citations 1991 SLD 2000, 1991 PLC 1047
Other Citations PLD 1988 SC 387, PLD 1989 SC 508, 1990 SCMR 999, PLD 1977 SC 5113, 1985 PLC (C.S.) 868, 1985 SCMR 443, PLD 1980 Quetta 58, PLD 1980 Lah. 697
Laws Involved Constitution of Pakistan (1973)
Sections 199, 212, 4, 25