| Case ID |
38207754-8349-4994-a4b9-17d23edc8b4f |
| Body |
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| Case Number |
Civil Appeal No.1826 of 1997 |
| Decision Date |
Sep 10, 2006 |
| Hearing Date |
Apr 10, 2006 |
| Decision |
The Supreme Court allowed the appeal of Sarfraz Ahmed against the Government of Sindh, setting aside the dismissal of his Constitution Petition by the High Court. The Court held that the termination of Sarfraz Ahmed's services, who had been appointed as Assistant Director Labour on an ad hoc basis, was arbitrary as it was done without assigning any reason or providing him an opportunity for a hearing. The Court emphasized that public authorities must exercise their powers justly and fairly. It was noted that Sarfraz had effectively continued in service for nearly ten years and had a vested right to be regularized. The Court referred to similar cases, establishing that employees in similar circumstances had been confirmed and regularized. Therefore, the Court ruled in favor of Sarfraz Ahmed, allowing his appeal and recognizing his status as a permanent employee. |
| Summary |
The case revolves around the termination of Sarfraz Ahmed, who was employed as an Assistant Director Labour on an ad hoc basis by the Government of Sindh. The Supreme Court of Pakistan examined the legality of his termination, which occurred without due process or justification. The Court noted that Sarfraz had been appointed under the competent authority and had fulfilled his duties for almost ten years, thereby accruing a right to regularization. The ruling highlighted the importance of following natural justice principles in public service appointments and terminations. The decision to allow Sarfraz's appeal reinforces the judicial stance on protecting the rights of employees against arbitrary actions by public authorities. This case is significant for understanding employment rights within public service, particularly regarding ad hoc appointments and the necessity for fair treatment under employment law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR,
HAMID ALI MIRZA,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
Shabbir Ahmed Awan,
K.A. Wahab,
Muhammad Sarwar Khan
|
| Petitioners |
SARFRAZ AHMED
|
| Respondents |
GOVERNMENT OF SINDH
|
| Citations |
2006 SLD 1905,
2006 PLC 1304
|
| Other Citations |
Water and Power Development Authority v. Abbas Ali Malana and others 2004 PLC (C.S.) 1,
Secretary to Government of N.-W.F.P. Zakat Social Welfare Department, Peshawar and another v. Sadullah Khan 1996 SCMR 413,
Director Social Welfare, N.-W.F.P. Peshawar v. Sadullah Khan 1996 SCMR 1350
|
| Laws Involved |
Not available
|
| Sections |
Not available
|