Legal Case Summary

Case Details
Case ID 20beb77c-c42a-440f-bd5d-e43029fc4d5e
Body View case body.
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