| Case ID |
ea7fc6fa-1ffc-47b4-ae3c-c53ce3ba4f20 |
| Body |
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| Case Number |
D-539 of 2007 |
| Decision Date |
Oct 05, 2010 |
| Hearing Date |
Sep 16, 2010 |
| Decision |
The Sindh High Court ruled that the withdrawal of the promotion order for the petitioner, who had been promoted to BS-20 and had received benefits for seven years, was unlawful. The court emphasized that the college created vested rights by remunerating the petitioner in BS-20 and that such rights could not be rescinded without due process, including a show-cause notice. The court ordered the recovery of the amounts deducted from the petitioner's retirement dues to be returned, affirming the legality of the promotion and the expectations of a retiring employee. |
| Summary |
In the case concerning Abdul Hameed Channa, the petitioner challenged the withdrawal of his promotion from BS-19 to BS-20, which had been approved by the Board of Governors of Dawood College of Engineering and Technology. The petitioner had enjoyed the benefits of this promotion for seven years before the college sought to retract it, citing irregularities. The Sindh High Court found that the college acted unlawfully by not following due process in revoking the promotion and recovering payments made to the petitioner. The court's ruling highlighted the significance of protecting employee rights, especially in the context of retirement and the expectations of employees regarding their financial entitlements. This case underscores the importance of adhering to legal procedures in employment matters and the protection of vested rights under the Constitution of Pakistan and the General Clauses Act. The court ordered the college to restore the petitioner's promotion and refund the amounts wrongfully deducted from his retirement benefits. |
| Court |
Sindh High Court
|
| Entities Involved |
Dawood College of Engineering and Technology
|
| Judges |
SAJJAD ALI SHAH,
SHAHID ANWAR BAJWA
|
| Lawyers |
Mansoor-ul-Haq Solangi,
S.M. Iqbal Shah,
Ashiq Raza
|
| Petitioners |
Abdul Hameed Channa
|
| Respondents |
Dawood College of Engineering and Technology
|
| Citations |
2011 SLD 1594,
2011 PLC 192
|
| Other Citations |
PLD 2006 SC 602
|
| Laws Involved |
Constitution of Pakistan,
General Clauses Act (I of 1897)
|
| Sections |
Art. 199,
S.21
|