1994 PLP (C (PLC(CS))
TANVIR IQBAL SIDDIQI Versus THE PRINCIPAL, OVERSEAS PAKISTANIS' FOUNDATION (OPF), GIRLS COLLEGE, ISLAMABAD
| Citation | 1994 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Afzal Lone and Muhammad Rafiq Tarar, JJ |
| Parties | TANVIR IQBAL SIDDIQI Versus THE PRINCIPAL, OVERSEAS PAKISTANIS' FOUNDATION (OPF), GIRLS COLLEGE, ISLAMABAD |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Afzal Lone and Muhammad Rafiq Tarar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP (C (PLC(CS)) (TANVIR IQBAL SIDDIQI Versus THE PRINCIPAL, OVERSEAS PAKISTANIS' FOUNDATION (OPF), GIRLS COLLEGE, ISLAMABAD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondent
- Date of hearing: 11th October 1992,
Headnotes / Summary
(On appeal from the order dated 22‑7‑1992, of the Lahore High Court, Lahore, Rawalpindi Bench, Rawalpindi, passed in W.P. No. 323 of 1992). ‑‑‑‑Arts. 199 & 185(3)‑‑‑Petitioner's services were terminated‑‑‑Petitioner challenging order of termination of his service through Constitutional petition which was dismissed by High Court on ground that respondent, though an autonomous body, yet was not the creation of any statute, and therefore, High Court lacked jurisdiction to intervene in such matter‑‑‑Validity‑‑‑Respondent was decidedly not a Department of Federal Government and it was not performing functions in connection with the affairs of the Federation within meaning of Art. 199 of the Constitution‑‑‑High Court, therefore, rightly came to conclusion that Constitutional petition was not competent‑‑‑No ground was pointed out to warrant interference with the order of High Court in dismissing Constitutional petition‑‑‑Leave to appeal was refused in circumstances. Petitioner in person
Judgment & Decree
MUHAMMAD AFZAL LONE, J.‑‑‑The petitioner was employed as a Science Laboratory Assistant/Technician with the Overseas Pakistanis' Foundation Girls College, Islamabad. His services were terminated on 30‑4‑1990. He assailed the validity of the termination order through Writ Petition No. 323 ‑of 1992, which was disposed of at the limine stage by a learned Single Judge of the Lahore High Court, vide his order dated 22‑7‑1992, from which leave to appeal is sought by the petitioner. The High Court declined to intervene on the ground that O.P.F. which runs the College though an autonomous body, yet is not the creation of any Statute. It was maintained that if the petitioner claimed the status of civil servant, he should have approached the Service Tribunal; on the other hand, the O.P.F. being not the statutory organisation, the petitioner's remedy lay in filing a civil suit.
2. We have heard the petitioner in person. The O.P.F. is decidedly not a department of the Federal Government. The fact that it has not been created by virtue of any Statute has also not been disputed before us. It is not shown that the Foundation performs the functions in connection with the affairs of the "Federation" within the meaning of Article 199 of the Constitution. The High Court, therefore, rightly came to the conclusion that the writ petition is not competent. We have not been persuaded to differ with the view expressed by the learned Single Judge. There is no merit in this petition. The leave prayed for is, therefore, refused and the petition dismissed. A.A./T‑93/S Leave refused.