RASHEED AHMED vs PAKISTAN TELECOMMUNICATION COMPANY LIMITED Ss — 2023 PLC(CS) 605 KARACHI-HIGH-COURT-SINDH

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RASHEED AHMED VS PAKISTAN TELECOMMUNICATION COMPANY LIMITED Ss.42 & 54---Pakistan Telecommunication Company Limited Service Regulations, 1996, Reglns. 7.01 & 7.02---Suit for declaration, injunction and recovery of damages--- Special and general damages---Scope---Quantum of damages---Determining factors--- Plaintiff was employee of defendant company who was dismissed from service---Plea raised by plaintiff was that Inquiry Committee was not properly constituted and had also sought recovery of special as well as general damages---Validity---Documents exhibited by plaintiff during his evidence did not bear signature of competent authority--- Services of plaintiff was terminated by Inquiry Committee without any legal authority or legislative competency---First Enquiry Report exonerated plaintiff from charges leveled against him---No charge of misconduct remained against plaintiff unless there was something to add on---Re-opening a closed legal event attracted double jeopardy---Damages were always divided into two categories, first were Special damages to be specifically pleaded and proved, which were what plaintiff had claimed regarding loss of earning and out of pocket expenses--- Such special damages were generally capable of exact calculation--- Second kind of damages were general damages which in law were implied upon happening of certain event and so also in case of a favourable decision for a party--- General damages could not be specifically pleaded and were not capable of exact proof strictly, though such damages were not specifically pleaded and proved but any shortcoming or deficiency in plaint or in the evidence would not come in the way of Court to grant any such damages once plaintiff was entitled for such relief---Plaintiff was entitled for some appropriate compensation payable by defendant company---High Court considered quantum of salary which plaintiff was earning, his future economic loss which he suffered due to his wrongful dismissal (including pension prospects, gratuity, medical and other service benefits available to such employees) and fixed an amount of Rs. 25,105,197 (Rupees two crore fifty-one lac five thousand one hundred and ninety-seven only) in lieu thereof as damages/compensation with simple mark-up at the rate of 6% per annum from the date of decree till its realization--- Suit was decreed accordingly.

RASHEED AHMED vs PAKISTAN TELECOMMUNICATION COMPANY LIMITED Ss — 2023 PLC(CS) 605 KARACHI-HIGH-COURT-SINDH

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