| Case ID |
302735ab-dd91-4990-9532-8656a4e974e5 |
| Body |
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| Case Number |
D-1595 of 2017 |
| Decision Date |
Feb 26, 2018 |
| Hearing Date |
Feb 22, 2018 |
| Decision |
The court dismissed the constitutional petition filed by the petitioner, Irfan Saadat Khan, challenging his termination from service by the Pakistan Defence Housing Authority. The court held that the service rules governing the petitioner were non-statutory, and therefore, he could not approach the High Court for relief under constitutional jurisdiction. The petitioner was informed that he could seek other remedies available under the law, as the termination process adhered to the rules set forth by the governing body. The decision emphasized the importance of statutory frameworks in employment matters and clarified that without statutory backing, service grievances could not be addressed through writ jurisdiction. |
| Summary |
This case revolves around the constitutional petition filed by Irfan Saadat Khan against his termination from service by the Pakistan Defence Housing Authority (PDHA). The petitioner argued that the termination was issued without jurisdiction and violated principles of natural justice as stipulated in Article 10-A of the Constitution of Pakistan. The court examined the nature of the Pakistan Defence Officers Housing Authority Service Rules, 2008, determining that these rules were non-statutory and therefore did not allow for constitutional recourse. The ruling concluded that employees governed by non-statutory rules must seek remedies through the appropriate channels rather than through the High Court, thus underscoring the critical distinction between statutory and non-statutory employment regulations. The case serves as a significant reference for employment law, particularly concerning the rights of employees and the jurisdictional boundaries of the courts in service matters. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Defence Housing Authority
|
| Judges |
Irfan Saadat Khan,
Adnan-ul-Karim Memon,
Fazleakbar
|
| Lawyers |
Tariq A. Memon,
Malik Naeem Iqbal
|
| Petitioners |
Irfan Saadat Khan
|
| Respondents |
Pakistan Defence Housing Authority through Administrator
|
| Citations |
2020 SLD 505,
2020 PLC 245
|
| Other Citations |
2013 SCMR 1383,
2013 SCMR 1707,
2017 SCMR 571,
2017 SCMR 2010
|
| Laws Involved |
Pakistan Defence Officers Housing Authority Service Rules, 2008
|
| Sections |
Not available
|