| Case ID |
394f81da-06f0-49e8-af32-194cbdb850f5 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 1044-S of 1997BWP |
| Decision Date |
Jan 13, 1998 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition filed by Jameel Ahmad challenging the termination of his services. The court found that the petitioner was appointed on a temporary basis through irregular means, specifically through the recommendation of a Member of Provincial Assembly (M.P.A.) without following proper recruitment procedures. The court held that such appointments were illegal and void ab initio, emphasizing that the principle of natural justice did not apply in this case as the petitioner lacked a legitimate claim to the position. The decision reinforced the necessity for transparency and adherence to constitutional provisions in public appointments, stating that irregular appointments undermine fundamental rights and cannot be legitimized through judicial intervention. Thus, the petitioner was not entitled to any relief under Article 199 of the Constitution. |
| Summary |
The case revolves around the unlawful termination of Jameel Ahmad, who was appointed as an Octroi Clerk under questionable circumstances, specifically through political influence from an M.P.A. The Lahore High Court evaluated the legality of Ahmad's appointment and subsequent dismissal. The ruling highlighted the importance of following established recruitment processes, noting that appointments made without proper advertisement and adherence to legal protocols violate fundamental rights, particularly the right to equal treatment under the law. The court dismissed the petition, reinforcing that irregular appointments cannot be regularized through constitutional petitions and that the judiciary must uphold the principles of justice and legality in public service appointments. This case serves as a critical reference for future employment law disputes and emphasizes the significance of lawful hiring practices in the public sector. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SH. LUTFUR REHMAN, J
|
| Lawyers |
Shamshir Iqbal,
M.M. Bhatti
|
| Petitioners |
JAMEEL AHMAD
|
| Respondents |
2 others,
DEPUTY COMMISSIONER, BAHAWALPUR
|
| Citations |
1998 SLD 1374,
1998 PLC 448
|
| Other Citations |
Abdul Jabbar Memon's case 1996 SCMR 1349,
Abdul Rashid v. Riazuddin and others 1995 SCMR 999,
Munawar Khan v. Niaz Muhammad and others 1991 SCMR 1287,
I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041,
Tahir Mehmood v. Town Committee, Fortabbas and others 1996 T.D. Service - 187,
Muhammad Aslam and others v. Government of the Punjab and others 1995 PLC (C.S.) 419,
Nur Muhammad v. Deputy Commissioner/Controlling Authority, D.G. Khan and others 1992 PLC (C.S.) 368
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
18,
25,
199
|