| Case ID |
3b201271-e485-42ee-ba58-c6a20de4a9b1 |
| Body |
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| Case Number |
Civil Appeal No. 140 of 1984 and Civil Petition No |
| Decision Date |
Feb 29, 1984 |
| Hearing Date |
Feb 25, 1984 |
| Decision |
The Supreme Court of Pakistan ruled on the appeals of the ex-employees of the Population Planning Programme, determining that their terminations under Section 6 of the Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance, 1981 were illegal. The Court directed that the cases of the ex-employees be referred to the Federal Public Service Commission (FPSC) for selection, without imposing educational qualifications or age limits that were deemed ultra vires. The judgment emphasized the need for a structured appointment process and the importance of consulting the FPSC, reaffirming the employees' rights to due process and fair treatment under the law. The Court did not order their reinstatement but provided a pathway for their cases to be reviewed and potentially reinstated based on merit. |
| Summary |
The case concerns the appeal of ex-employees of the Population Planning Programme against their terminations under the Population Welfare Planning Programme Ordinance, 1981. The Supreme Court examined the legality of the terminations and the criteria for reappointment, focusing on the definitions of 'employee' and the procedural rights of the individuals involved. The Court's decision highlighted the importance of adhering to established legal frameworks for public service appointments, ensuring that employees are treated fairly and equitably. The ruling is significant for its implications on civil service regulations and the protection of employee rights within governmental frameworks. This case represents a critical intersection of employment law, administrative justice, and public policy in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Population Planning Division,
Pakistan Family Planning Council
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN,
M. S. H. QURAISHI,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Munir A. Sheikh,
Wasim Sajjad,
Fazal Elahi Siddiqui
|
| Petitioners |
FEDERATION OF PAKISTAN
|
| Respondents |
RIAZ AHMAD BAIG
|
| Citations |
1984 SLD 635,
1984 SCMR 759
|
| Other Citations |
Civil Appeal No. 306 of 1983
|
| Laws Involved |
Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance, 1981,
Civil Servants Act, 1973
|
| Sections |
2,
3,
4,
5,
6,
11,
2(b)
|