Legal Case Summary

Case Details
Case ID 20d23b50-f8d2-43c3-9e77-08ef5b4de81c
Body View case body.
Case Number Civil Petition for Special Leave to Appeal No. 408
Decision Date Jun 18, 1973
Hearing Date
Decision The Supreme Court upheld the decision of the Lahore High Court, confirming that the termination of the respondent's service was illegal. The Court found that the evidence presented, including the annual report from the Irrigation Research Institute, supported the claim that the respondent held a position against a permanent post, despite being labeled as a temporary employee. The Court noted that the respondent was entitled to a show-cause notice under Article 177 of the Constitution before termination, as the nature of the employment indicated a more permanent status than suggested by the petitioners. The appeal was dismissed.
Summary In the case of Province of Punjab vs Tajammal Hussain, the Supreme Court of Pakistan addressed the issue of the legality of terminating a government employee's service without due process. The case revolved around a temporary employee, Tajammal Hussain, who was terminated from his position as a Computor. The Court analyzed the evidence, including the appointment letter and annual reports, to determine the true nature of Hussain's employment status. It concluded that despite being appointed temporarily, Hussain was effectively in a permanent role and thus entitled to the protections afforded to regular employees under the Constitution. This case emphasizes the importance of adhering to proper procedures in employment termination and the rights of government servants, highlighting significant legal principles that govern employment law in Pakistan.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges WAHEEDUDDIN AHMAD, SALAHUDDIN AHMED
Lawyers Muhammad Abdullah Bajwa, Sh. Ijaz Ali
Petitioners ANOTHER, PROVINCE OF PUNJAB
Respondents TAJAMMAL HUSSAIN
Citations 1973 SLD 172, 1973 SCMR 517
Other Citations Abdul Majid v. Mushaffa Ahmad P L D 1965 S C 208, Miss Nasim Jahan Naim v. General Manager P L D 1968 S C 112
Laws Involved Constitution of Pakistan (1962)
Sections 177