2007 PLP (C (PLC(CS))
Mst. ZAHIDA Versus GENERAL MANAGER, STR-V, SUKKUR and others
| Citation | 2007 PLP (C (PLC(CS)) |
| Forum / Court | Karachi High Court |
| Bench Members | Sarmad Jalal Osmany and Amir Hani Muslim, JJ |
| Parties | Mst. ZAHIDA Versus GENERAL MANAGER, STR-V, SUKKUR and others |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 2007 PLP (C (PLC(CS))?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP (C (PLC(CS))?
The case was heard and decided by the Karachi High Court bench comprising: Sarmad Jalal Osmany and Amir Hani Muslim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP (C (PLC(CS)) (Mst. ZAHIDA Versus GENERAL MANAGER, STR-V, SUKKUR and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Rasheed Khoso for Respondent No. 1.
Headnotes / Summary
Employee was dismissed from service without any show-cause notice, charge-sheet and without hearing him
Other employees who had been summarily dismissed from service without any show-cause notice, charge-sheet, etc. and without giving them opportunity of hearing, having been reinstated in service, employee was also entitled to be reinstated
Employee was accordingly reinstated in service with all back-benefits. Petitioner Mst. Zahida (present in person along with her husband Haneef Muhammad). A.R. Farooq Pirzada, Dy. A.-G. G.A. Shahani, Addl. A.-G.
Judgment & Decree
SARMAD JALAL OSMANY, J.
A statement has been filed by Mr. Nisar Ahmed Soomro, Assistant Accounts Officer, STR-V, Sukkur attaching the various orders passed by this Court from time to time in connected matters and subsequent compliance reports of the Department.
2. At the outset we had queried from Nisar Ahmed Soomro that whether the case of petitioner's husband Hanif Muhammad also stands on the same footing as those employees who have been reinstated by this Court to which he replied in positive.
3. At this juncture Mr. Pirzada learned D.A.-G. has submitted that insofar as the present case is concerned, since Hanif Muhammad was dismissed on 31-12-1999 and since on the date the Service Tribunal was very much in existence therefore his remedy lay before said Tribunal since his dismissal concerns the terms and conditions of his service.
4. Mr. G.A. Shahani, learned Addl. A.-G. says that he is on Court notice and is not in a position to offer any comments.
5. We have heard Hanif Muhammad the petitioner's husband, learned D.A.-G. Mr. 4bdul Rasheed Khoso, learned Counsel for PTCL as well as Nisar Ahmed Soomro, Assistant Accounts Officer.
6. It would be seen that in C.P... No.D-2301/2001 as well as 2410/2001 a number of ex PTCL employees were ordered to be reinstated by this Court on the ground that they had been summarily dismissed from service without any show-cause notice, charge-sheet etc. having been given to them and also without hearing. Similarly, the report of the Committee constituted for considering the case of ex-employees is available on the record which has also recommended that such employees be reinstated provided their service record is clear. It is admitted before us that Hanif Muhammad also stands in the same category as those employees who were reinstated viz. That he has neither been given any show-cause notice and hearing and summarily dismissed by the PTCL, authorities on the ground that he was employed during the ban period.
7. In view of the foregoing reasons and also in view of the fact that no show-cause notice and hearing was given to Hanif Muhammad in our opinion we can in Constitutional jurisdiction give an appropriate relief to Hanif Muhammad. We would direct that he be reinstated in service forthwith and with all back benefits etc. Compliance report shall be submitted before this Court within one week. H.B.T./Z-14/K Petition accepted.