| Case ID |
3d7e4af6-6c85-40fc-9cc7-c6d9eba9875d |
| Body |
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| Case Number |
C.P. No. D-1842 of 2015 |
| Decision Date |
Nov 13, 2017 |
| Hearing Date |
|
| Decision |
The Sindh High Court addressed the case of Irshad Ahmed Shaikh, an employee of the Port Qasim Authority, who was removed from service without a proper inquiry under the Removal From Service (Special Powers) Ordinance. The court ruled that the petitioner's termination was unlawful, reinstating him with back benefits from 07.11.2003 to 15.04.2007, the date of his superannuation. The court emphasized that disciplinary proceedings could not continue post-retirement, and thus, the authority was mandated to recalculate the petitioner's pensionary benefits and pay him within 30 days. The case highlighted the importance of due process in administrative actions against government employees and the right to pension as earned compensation for services rendered. |
| Summary |
This case revolves around the unlawful termination of Irshad Ahmed Shaikh, a Deputy General Manager at the Port Qasim Authority. The Sindh High Court found that his removal lacked due process and was in violation of the Removal From Service (Special Powers) Ordinance. The court mandated his reinstatement and the payment of back benefits, emphasizing that pension rights are not merely favors from the employer but are earned through service. The judgment reinforces the need for adherence to legal standards in employment termination and the protection of employees' rights under the Constitution of Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Port Qasim Authority
|
| Judges |
SYED HASSAN AZHAR RIZVI,
ADNAN-UL-KARIM MEMON,
IRSHAD AHMED
|
| Lawyers |
M.M. Aqil Awan,
Munawar Ali Insani
|
| Petitioners |
M.M. Aqil Awan
|
| Respondents |
Munawar Ali Insani,
Amir Ibrahim
|
| Citations |
2019 SLD 1197,
2019 PLC 557
|
| Other Citations |
Mubin-ul-Islam and others v. Federation of Pakistan and others PLD 2006 SC 602,
2013 SCMR 1707,
Sardar Ali Bhatti v. Pakistan through General Manager Lahore PLD 1961 West Pakistan Lah. 664,
Abdul Wali v. WAPDA and others 2004 SCMR 678,
Muhammad Rafi and another v. Federation of Pakistan and others 2016 SCMR 2146,
Superintendent Engineer GEPCO Sialkot v. Muhammad Yusuf Civil Petition No. 1097-1 of 2004
|
| Laws Involved |
Removal From Service (Special Powers) (Amendment) Ordinance, 2001,
Service Tribunals Act, 1973,
Constitution of Pakistan, 1973,
Fundamental Rules, 1922
|
| Sections |
3,
3(1),
2A,
199,
R.54A
|