IMRAN AHMED ANSARI vs FEDERATION OF PAKISTAN through Secretary Ministry of Defence Government of Pakistan R — 2023 PLC(CS)N 64 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLC(CS)N 64 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLC
Parties: IMRAN AHMED ANSARI vs FEDERATION OF PAKISTAN through Secretary Ministry of Defence Government of Pakistan R
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IMRAN AHMED ANSARI VS FEDERATION OF PAKISTAN through Secretary Ministry of Defence Government of Pakistan R.8(b)(1)---Employee of Defence Housing authority (DHa)---Vires of R.8(b)(1) of the Defence Housing authority Service Rules---Contractual employment, termination of---Scope---Petitioner's contract of employment was terminated prior to expiry of 10 years of his contract---Rule 8(b)(1) of DHa Service Rules (employer's) cited in termination letter empowered the administrator of the DHa to dispense with the service of an employee without giving show-cause notice and by giving him one month's notice or one month's pay in lieu thereof---Validity---Supreme Court of Pakistan in Pakistan Defence Officers Housing authority v. Itrat Sajjad Khan [2017 SCMR 2010]had declared the Rule 8(b)(1) of the DHa Service Rules to be ultra vires the Constitution on the ground that it empowered a statutory corporation/public functionary to terminate the services of its employees without cause which clearly violated the principles of natural justice/law, therefore, its retention in the service rules could not be allowed being ultra vires the Constitution and the law---Termination letter issued under R.8(b)(1) of the DHa Service Rules was set aside and the petitioner was reinstated in service with all back benefits---Constitutional petition was allowed, in circumstances.

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