| Case ID |
75033605-d8e3-4a3b-b9f5-9c6156827b05 |
| Body |
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| Case Number |
Writ Petition No.2421 of 2011/BWP |
| Decision Date |
Sep 26, 2011 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of the petitioners, ordering the reinstatement of their appointments after the authorities issued withdrawal orders without notice or the opportunity for a hearing. The court recognized the petitioners' right to their salaries for the intervening period from the withdrawal to their reinstatement and directed the respondents to consider this period as part of their duty tenure. The decision emphasized the importance of due process in civil service appointments and the need for timely salary disbursements for employees reinstated after wrongful termination. |
| Summary |
In this significant case, the Lahore High Court addressed the constitutional rights of employees regarding due process in civil service appointments. The petitioners, after being appointed as Baildars, faced unjust withdrawal of their appointments without proper notice or hearing. The court's ruling reinforced the principles of fairness and accountability in administrative actions, mandating that the intervening period of withdrawal be recognized as duty time, thus entitling the petitioners to their salaries during that time. This case highlights the critical nature of adhering to procedural fairness in employment matters and the legal recourse available to employees facing wrongful termination. The decision serves as a precedent for similar cases, emphasizing that employees must not suffer financially due to administrative errors, thereby promoting justice and transparency in public service. Keywords include 'constitutional rights', 'due process', 'civil service appointments', 'wrongful termination', and 'salary entitlements'. |
| Court |
Lahore High Court
|
| Entities Involved |
District Rahim Yar Khan,
Oil Seed Research Station,
Tehsil Khanpur
|
| Judges |
ABDUS SATTAR ASGHAR, J
|
| Lawyers |
Jam Mahjoob Ahmed Lar,
Mehr Muhammad Iqbal, A.A.-G.,
Dr. Ghulam Sarwar,
Jamshed Anwar APPO
|
| Petitioners |
3 others,
RAB NAWAZ
|
| Respondents |
3 others,
RAPE SEED BOTANIST, OIL SEED RESEARCH STATION, TEHSIL KHANPUR,
DISTRICT RAHIM YAR KHAN
|
| Citations |
2012 SLD 1174,
2012 PLC 43
|
| Other Citations |
Masud ul Hassan Qureshi v. The Secretary to Government and Chief Administrator of Auqaf Punjab 1990 PLC (C.S.) 745,
Asghar Ali v. District and Sessions Judge, Bahawalnagar and another 2003 SCMR 726
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Art. 199
|