| Case ID |
20d23b50-f8d2-43c3-9e77-08ef5b4de81c |
| Body |
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| 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
|