| Case ID |
37ad163d-0cc7-4281-80f6-8c5ebe6f7e5f |
| Body |
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| Case Number |
Writ Petition No. 9541 of 1992 |
| Decision Date |
Apr 01, 1997 |
| Hearing Date |
Apr 01, 1997 |
| Decision |
The Lahore High Court accepted the writ petition, ruling that the right to form associations granted by Article 17 of the Constitution of Pakistan is a fundamental right applicable to civil servants. The court found that any circulars or rules that restrict this right are inconsistent with the Constitution and thus void. The court declared that the instructional staff of the Directorate of Manpower and Training have the right to form their association and cannot be restrained from doing so. The court also ordered the recognition of the Punjab Association of Instructors without further delay and prohibited any disciplinary action against its members for their association activities. |
| Summary |
In the landmark case of Writ Petition No. 9541 of 1992, the Lahore High Court addressed the constitutional right of government servants to form associations. The case arose when the instructional staff of the Directorate of Manpower and Training sought recognition for their association, the Punjab Association of Instructors. The court emphasized that Article 17 of the Constitution of Pakistan guarantees the freedom of association as a fundamental right, applicable to all citizens, including civil servants. The court ruled that any subordinate legislation or circulars that restrict this right are void and without legal authority. The judgment reinforced the principle that government employees must be allowed to organize and advocate for their welfare, free from undue restrictions. As a result, the court ordered the recognition of the association and barred disciplinary actions against its members, affirming their rights under the Constitution. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Association of Instructors
|
| Judges |
MUHAMMAD AQIL MIRZA, J
|
| Lawyers |
Asma Jahangir,
Yawar Ali Khan, Addl. A.G., Punjab
|
| Petitioners |
INTISAR SHAMIM AHMED
|
| Respondents |
SECRETARY, LABOUR AND MANPOWER, GOVERNMENT OF PUNJAB, LAHORE
|
| Citations |
1997 SLD 980,
1997 PLC 860
|
| Other Citations |
PLD 1993 Lah. 306
|
| Laws Involved |
Constitution of Pakistan (1973),
Government Servants (Conduct) Rules, 1964
|
| Sections |
17,
199,
28
|