Dr. ASIF AHMED QURESHI vs FEDERATION OF PAKISTAN through Secretary Ministry of National Health Services arts

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Dr. ASIF AHMED QURESHI VS FEDERATION OF PAKISTAN through Secretary Ministry of National Health Services arts.37, 38 & 146(1)---Specific Relief act (I of 1877), Ss.42 & 54---Suit for declaration and injunction---Good governance---Welfare State---Rights, duties and obligations---Parties not at issue---Plaintiffs assailed change of status of Jinnah Post Graduate Medical Centre (JPMC) from a Federal institution to a Provincial institution---Plaintiffs also assailed rights of employees of JPMC which were changed from Federal to Provincial employees---Validity---Rights under arts. 37 & 38 of the Constitution may cover, means of livelihood, healthcare and general well-being of all sections of people in society, especially those of the young, the old, the women and the relatively weaker sections of society---Such groups generally require special protection measures in almost every set up---Happiness of the people is the ultimate aim of a welfare state, and a welfare state would not qualify as one, unless it strives to achieve the same---Plaintiffs could not be allowed to take advantage of a Federal issue in order to hamper and frustrate main aim and object of MoU entered into between the Federal and Provincial Governments in accordance with the provisions of art. 146(1) of the Constitution of Pakistan, 1973 in order to cater with the emergent needs of hospital to provide treatment to people round the clock---Plaintiffs did not have prima facie case in their favour, nor balance of convenience was in their favour---If recruitments purely on contract basis were not made, the public at large would suffer irreparable loss rather than the plaintiffs---High Court declined to frame issues as there were no material propositions of law and fact, on which issues, evidence of parties could be recorded---Government of Sindh was at liberty to make recruitments purely on contract basis in accordance with MoU entered into between the Provincial and Federal Governments---High Court directed that all rights and privileges of plaintiffs in respect of their services would not be prejudiced on the reason of contractual recruitments of the employees as per MoU executed between the Federal and Provincial governments and the rights of plaintiffs as to their due promotion would not be taken away on the basis of recruitments of the contract employees---Suit was disposed of accordingly. Welfare State---Maxim "Salus populi suprema lex esto" and "Salus populi suprema lex"---Connotation---Welfare state must serve larger public interest---Salus populi suprema lex esto means "let the welfare of the people be the supreme law" and "Salus populi suprema lex", translates to "the health of the people is the supreme law"---State instrumentality must serve the society as a whole and must not grant unwarranted favour(s) to a particular class of people without any justification, at the cost of others---In order to serve larger public interest, State instrumentality must be able to generate its own resources, as it cannot serve such higher purpose while in deficit.

Dr. ASIF AHMED QURESHI vs FEDERATION OF PAKISTAN through Secretary Ministry of National Health Services arts — 2025 PLC(CS) 172 KARACHI-HIGH-COURT-SINDH

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