2014 PLP (C (PLC(CS))
Syed NAZIR GILLANI Versus PAKISTAN RED CRESCENT SOCIETY and another
| Citation | 2014 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani, CJ, Khilji Arif Hussain and Sh. Azmat Saeed, JJ |
| Parties | Syed NAZIR GILLANI Versus PAKISTAN RED CRESCENT SOCIETY and another |
| Primary Law | Pakistan Red Crescent Society Act (XV of 1920) |
Q1: What are the key laws and sections cited in 2014 PLP (C (PLC(CS))?
This judgment primarily cites: Pakistan Red Crescent Society Act (XV of 1920) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2014 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani, CJ, Khilji Arif Hussain and Sh. Azmat Saeed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2014 PLP (C (PLC(CS)) (Syed NAZIR GILLANI Versus PAKISTAN RED CRESCENT SOCIETY and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Akram Sheikh, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner.
- Muhammad Bilal, Senior Advocate Supreme Court and Babar Bilal, Advocate Supreme Court along with Aftab Ali, Assistant Director for Respondents.
- Date of hearing: 11th February, 2014.
Headnotes / Summary
(To review this Court's judgment dated 1-6-2005 passed in Civil Appeal No.1080 of 1998)
S. 5
Constitution of Pakistan, Arts. 199 & 188
Service Rules framed by Pakistan Red Crescent Society
Constitutional petition filed before High Court by an employee of Pakistan Red Crescent Society challenging his removal from service
(Service) Rules framed by Pakistan Red Crescent Society were non-statutory and on such count constitutional petition filed by its employee before the High Court challenging his removal from service would not be maintainable
Review petition was dismissed accordingly. Pakistan Defence Officer's Housing Authority v. Lt. Col. Syed Jawaid Ahmed 2013 SCMR 1707 ref.
Judgment & Decree
TASSADUQ HUSSAIN JILLANI, C.J.
Seeks review of this Court's judgment dated 1-6-2005 vide which Civil Appeal No.1080 of 1998 filed by the Pakistan Red Crescent Society was allowed and the judgment of the learned Lahore High Court dated 19-3-1997 was set aside inter alia on the ground that the Constitutional petition filed by the respondent under Article 199 of the Constitution challenging his removal from service was not maintainable as he was governed by non-statutory rules.
2. Learned counsel for the review petitioner submits that the judgment under review cannot be sustained because it is violative of the law laid down by this Court in Pakistan Defence Officer's Housing Authority v. Lt. Col Syed Jawaid Ahmed (2013 SCMR 1707) and he in particular referred to para 50(i) & (iv) to contend that if an organization violates its own rules, the writ would be competent. He further added that the service rules framed by the Pakistan Red Crescent Society are statutory as they wee framed under section 5 of the Pakistan Red Crescent Society Act. In support of the submissions made, learned counsel relied on Civil Aviation Authority through Director General v. Javed Ahmed (2009 SCMR 956).
3. Learned counsel for the respondent, on the other hand, defended the impugned judgment as according to him the judgments to which learned counsel has made a reference are relatable to employees who were removed under the Removal from Service (Special Powers) Ordinance, 2000 and that this Court has specifically adverted to this aspect in the judgment reported at Abdul Wahab v. HBL (2013 SCMR 1383).
4. Having heard learned counsel for the petitioner at some length, we find that it has now been well settled that the Rules framed by the Pakistan Red Crescent Society are non-statutory and on that count the writ petition was not maintainable. This Court has dilated on this aspect at length in Pakistan Defence Officer's Housing Authority v. Lt. Col. Syed Jawaid Ahmed (2013 SCMR 1707) wherein in para 50(ii) it has specially been held as follows:-- "Where conditions of service of employees of a statutory body are not regulated by Rules/Regulations framed under the Statute but only Rules or Instructions issued for its internal use, any violation thereof cannot normally be enforced through writ jurisdiction and they would be governed by the principle of 'Master and Servant'."
5. For what has been discussed above, we do not find any error apparent in the face of record to warrant interference. The petition having no merit is accordingly dismissed. MWA/N-3/SC Petition dismissed.