Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration and recovery of damages---Civil service---Termination of an employee---Discrimination---Plaintiff-employee being Flight Engineer was terminated by the defendant-Airlines Corporation---Validity---Neither prerequisite/approval of Board of Governors was obtained by the defendant-Airlines Corporation before serving upon the plaintiff-employee the termination letter nor 30 days prior notice was served before termination of plaintiff-employee---Plaintiff-employee was not afforded an opportunity of hearing before termination of his service---Impugned termination letter was arbitrary, void ab-initio and was liable to be struck down---Plaintiff-employee had been discriminated by the defendant-Airlines Corporation---Plaintiff-employee had not been paid entire amount to which he was entitled i.e. salary, allowances and other benefits up to the age of retirement---Plaintiff-employee was entitled for reinstatement, however, by now he had attained the age of superannuation, therefore, he was entitled to be compensated in the amount claimed in the suit---Suit was decreed as prayed for, however, the amount if any received by the plaintiff should be deducted from the decretal amount. JUDGMENT SYED SAEEDUDDIN NASIR, J.--- The plaintiff filed present suit for declaration, permanent injunction and recovery of Rs.50 Million in respect of damages, severally and jointly against the defendants, with the following prayer:--- A. To declare that the plaintiff cannot be arbitrarily and summarily terminated/retired/grounded from their service. B. To declare that the Termination letter No.SVP/HR&AP-38123/08 dated 17th March, 2008 Local Admn. Office Order No.F00308099, issued by the defendant No.4 upon the plaintiff is void, arbitrary, whimsical, illegal and liable to be withdrawn. C. To declare that in the event of retirement/grounding of plaintiff earmarked for B-747 Aircrafts, the defendant No.4 may provide full retirement benefits to the plaintiff as offered by it earlier to its other officers. D. In the alternative declare that while retiring/ground Flight Engineer the defendants shall ensure that the plaintiff is…