MUHAMMAD YOUNAS KHAN vs SUI NORTHERN GAS PIPELINES LIMITED (SNGPL) art

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MUHAMMAD YOUNAS KHAN VS SUI NORTHERN GAS PIPELINES LIMITED (SNGPL) art. 199---Constitutional petition---Pre-qualification of distribution contractors for enlistment---Security amount---Memorandum---Retrospective effect---Scope---Petitioners (enlisted distribution contractors) deposited security in year 2021 in light of policy introduced by SNGPL in 2018---a memorandum was issued by SNGPL on 13th September, 2023, ('Memorandum-in-question') in the light of a decision of the Islamabad High Court allowing constitutional petition filed by a contractor of SNGPL---Vide memorandum-in-question, SNGPL decided to return the security amount deposited by each contractor against their pre-qualification yet with certain conditions including 5% Performance Bond/Warranty of the total value of the Work Order---Petitioners filed constitutional petition as SNGPL (Respondents) denied return of security to them ('impugned order')---Whether a memorandum can be given effect retrospectively---Held, that admittedly, the petitioners were awarded work and in terms thereof work order was issued on 09th March, 2021, for three years, which had to expire in the next month (March, 2024)---a notification/memorandum or an executive order cannot operate retrospectively unless it is specifically provided therein---Through memorandum-in-question (having been issued dated 13th September, 2023 ) the respondents (SNGPL) decided to return the security amount deposited by the petitioners and instead they were directed to fulfill the certain other conditions mentioned for their pre-qualification---Contracts awarded to the petitioners were yet to expire (in March, 2024) and it was not the case of the respondents (SNGPL) that the petitioners failed to abide by the terms and conditions of the contracts---In such a situation any condition detrimental to the interest of the petitioners could be introduced during the currency of the already executed contract---High Court set aside the impugned order (dated 15th December, 2023) passed by the Respondents (SNGPL), being illegal and unlawful---Respondents were further restrained from refunding the security already deposited and from asking the petitioners to abide by memorandum/notification dated 13th September, 2023, for the current contracts---Constitutional petition was partly allowed.

MUHAMMAD YOUNAS KHAN vs SUI NORTHERN GAS PIPELINES LIMITED (SNGPL) art — 2025 CLC 535 LAHORE-HIGH-COURT-LAHORE

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