| Case ID |
1b561420-776f-45d1-9538-4548d4ec92f6 |
| Body |
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| Case Number |
Civil Petitions Nos. 606 and 607 of 2018 |
| Decision Date |
Mar 06, 2019 |
| Hearing Date |
Mar 06, 2019 |
| Decision |
The Supreme Court of Pakistan dismissed the petitions of the petitioner seeking leave to appeal against the Lahore High Court's judgment. The Court found that the appeals filed were competent as the Rawalpindi Medical College had the right to appeal despite not being a party in the original petition. The Court held that the original appointment of the petitioner as an ECG Technician was void, and no period of limitation applied to void orders. The Court also ruled that the petitioner, being a contract employee, could not seek reinstatement but could only claim damages for the unexpired period of his service. The decision emphasized that the High Court's dismissal of the constitutional petition was justified due to the failure to include the necessary Provincial Government as a party. |
| Summary |
This case revolves around the legal principles concerning contract employment and constitutional petitions in Pakistan. The Supreme Court clarified the rights of aggrieved parties in appeals and established that even non-parties could challenge decisions if they are affected by them. A significant aspect of the ruling was the treatment of void orders, where the Court stated that no limitation applies, thus allowing for appeals even after the typical timeframes. The case also highlighted the limitations of contract employees seeking relief through constitutional petitions, directing them instead to pursue claims for damages in civil courts. This ruling reinforces the importance of including all necessary parties in legal proceedings and provides clarity on the legal remedies available to contract employees. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab,
Rawalpindi Medical College and Allied Hospital
|
| Judges |
Gulzar Ahmed,
Faisal Arab,
Ijaz Ul Ahsan,
Qazi Munir Ahmed
|
| Lawyers |
Sardar Abdul Raziq Khan, Advocate Supreme Court,
Syed Rafaqat Hussain Shah, Advocate-on-Record,
Mian Abdul Rauf, Advocate Supreme Court
|
| Petitioners |
Rawalpindi Medical College and Allied Hospital through Principal and Others
|
| Respondents |
Sardar Abdul Raziq Khan,
Syed Rafaqat Hussain Shah
|
| Citations |
2019 SLD 1096,
2019 SCMR 648
|
| Other Citations |
Yousaf Ali v. Muhammad Aslam Zia PLD 1958 SC 104,
H.M. Saya and Co. v. Wazir Ali Industries Ltd. PLD 1969 SC 65,
Government of Balochistan v. Mir Tariq Hussain Khan Magsi 2010 SCMR 115,
Federation of Pakistan v. Muhammad Azam Chatha 2013 SCMR 120
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|