| Case ID |
1a3daae7-c8d0-4a09-b4a7-c23e52505165 |
| Body |
View case body. Login to View |
| Case Number |
C.P. Nos. 563-P to 565-P of 2004 |
| Decision Date |
Aug 16, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court held that the terminations of the petitioners were void ab initio, leading to their reinstatement with back benefits. The court emphasized that appointments tied to land donations were unconstitutional and detrimental to public interest. The tribunal's decision to merely adjust the petitioners without reinstatement was unlawful. The petitioners were to be reinstated effective from the date of their original removal, and the court reiterated that such unjust terminations could not leave the petitioners at the mercy of the department for readjustment. |
| Summary |
In the landmark case C.P. Nos. 563-P to 565-P of 2004, the Supreme Court of Pakistan addressed the unlawful termination of employees in the Education Department, emphasizing the constitutional violation of requiring land donations for employment. The court ruled that such terminations are void ab initio, mandating reinstatement with back benefits. This case highlights critical issues surrounding public office appointments and the protection of employee rights under the Constitution of Pakistan. The ruling reinforces the importance of adhering to lawful employment practices, ensuring fair treatment for all employees, and discouraging corrupt practices in public service. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SARDAR MUHAMMAD RAZA KHAN,
NASIR-UL-MULK
|
| Lawyers |
Mr. Afridi Khan, ASC,
Mr. Mir Adam Khan, AOR,
Mr. Khushdil Khan, Additional AG, NWFP
|
| Petitioners |
Yousaf Khan,
Ali Akbar,
UMER SAID
|
| Respondents |
DISTRICT EDUCATION OFFICER (FEMALE),
SECONDARY SWAT
|
| Citations |
2007 SLD 3326,
2007 PLJ 422
|
| Other Citations |
1993 SCMR 1287
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
Art. 185(3)
|