| Case ID |
20beb77c-c42a-440f-bd5d-e43029fc4d5e |
| Body |
View case body. Login to View |
| Case Number |
W.P. No.246752 of 2018 |
| Decision Date |
Sep 14, 2020 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the constitutional petition filed by Tanveer Asim, determining that the Pakistan Institute of Fashion and Design had acted mala fide in extending the petitioner's probation period and denying him confirmation despite completing the requisite probationary period. The court set aside the Senate's decision to dispense with the petitioner's services, directing the Institute to reconsider the petitioner's confirmation in light of the evident mala fide conduct and procedural discrepancies regarding his annual confidential reports (ACRs). The High Court emphasized that while the competent authority has discretion in confirmation matters, it cannot arbitrarily discriminate against employees who have met the necessary conditions for confirmation. |
| Summary |
In the case of Tanveer Asim vs. Pakistan Institute of Fashion and Design, the Lahore High Court addressed the issue of the petitioner's probation and confirmation within the context of the Pakistan Institute of Fashion and Design Act, 2011, and the Constitution of Pakistan, 1973. The petitioner, having successfully completed his probationary period, challenged the extension of his probation and the subsequent denial of regularization. The court found that the Institute had acted in bad faith, as evidenced by the arbitrary nature of its decisions and the lack of proper documentation in the ACRs. This case underscores the importance of due process and fairness in employment matters, particularly in public institutions, and highlights the court's role in safeguarding employees' rights against arbitrary administrative actions. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan Institute of Fashion and Design
|
| Judges |
Shujaat Ali Khan, Justice
|
| Lawyers |
Junaid Jabbar Khan for Petitioner.,
Barrister Haris Azmat, assisted by Barrister Maryam Hayat for Respondents Nos.1 to 4.
|
| Petitioners |
Tanveer Asim
|
| Respondents |
Pakistan Institute of Fashion and Design, Lahore and Others
|
| Citations |
2020 SLD 2543,
2020 PLC 1537
|
| Other Citations |
Pakistan Defence Officers Housing Authority and others v. Lt. Col. Syed Jawaid Ahmed 2013 SCMR 1707,
Muhammad Rafi and another v. Federation of Pakistan and others 2016 SCMR 2146,
Shafique Ahmed Khan and others v. NESCOM through Chairman, Islamabad and others PLD 2016 SC 377
|
| Laws Involved |
Constitution of Pakistan, 1973,
Pakistan Institute of Fashion and Design Act, 2011
|
| Sections |
199,
10,
17,
25
|