Professor ASAL KHAN TAREEN vs NATIONAL INSTITUTE OF CARDIOVASCULAR DISEASES art

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Professor ASAL KHAN TAREEN VS NATIONAL INSTITUTE OF CARDIOVASCULAR DISEASES art. 199---Employment---allowances, entitlement to---Factual controversy---Constitutional jurisdiction of High Court, invoking of---Scope---Professor retired from National Institute of Cardio-Vascular Diseases (NICVD) sought directions to the Respondents/NICVD to pay him all outstanding professional fees and arrears of satellite allowance, consistent with the relevant payment structure---Held: It appeared from the minutes of the Governing Body of NICVD for establishing the Satellite Centers of NICVD in Sindh with the understanding that NICVD would engage a senior doctor as Director Satellite centre and for operation management a Head of Project would also be engaged from NICVD---Respondents disputed the official position of the petitioner as Head of the Project, as such the High Court could not give declaration to the effect whether the petitioner was entitled for the satellite allowance---So far as PhD allowance was concerned, petitioner was getting the said allowance but not on enhanced rate in terms of relevant/ asserted Notification (dated 08.02.2018 ) for which the respondents disputed the entitlement of the petitioner which was permissible to all PhD faculty members of the public sector university, whereas the NICVD had not been declared as a teaching hospital---Therefore, the High Court could not direct the respondents to implement the Notification, if not earlier implemented in NICVD employees case---Since the petitioner had already retired in 2020 and rotation of posting of the office staff of Satellite Centre was undertaken by the petitioner, it did not mean that he was Head of Project to claim benefit of the minutes of the meeting---all said disputed facts needed thorough examination which was to be done by the court of plenary jurisdiction and not under art. 199 of the Constitution---Besides, as per statement of the respondents, there was final settlement with regard to service benefits of the petitioner, as such the present case could not be stretched further---Constitutional petition, filed by former professor, was dismissed, in circumstances.

Professor ASAL KHAN TAREEN vs NATIONAL INSTITUTE OF CARDIOVASCULAR DISEASES art — 2026 PLC(CS) 441 KARACHI-HIGH-COURT-SINDH

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