| Citation(s) |
|---|
| 2016 SLG 685 2016 SLD 685 2016 PLC 642 2016 PLJ 323 |
Islamabad High Court
W.P.No. 845 of 2013, decided on 16th February, 2016. Date of hearing: 4th December, 2015.
SHAUKAT AZIZ SIDDIQUI, J
Riffat Saghir Kureshi for Petitioners Nos.7 to 27.
W.P.No. 845 of 2013, decided on 16th February, 2016. Date of hearing: 4th December, 2015.
SHAUKAT AZIZ SIDDIQUI, J
Riffat Saghir Kureshi for Petitioners Nos.7 to 27.
HAMAYUN SAFDAR KHAN and others
VS
PLANNING AND DEVELOPMENT DIVISION and others
Law:
Section:
Civil service--- ----Contract employees---Withholding of salaries---Grievance of petitioners was that authorities withheld their salaries on the pretext that Planning Commission of Pakistan had not released the same---Validity---Petitioners kept on performing their duties after extension of their contracts which were extended by a state owned Corporation---If the Corporation had not consulted Government, petitioners should not suffer---Federal Government could proceed against persons at the helm of affairs of the corporation and concerned Ministry for alleged violation of directions of Prime Minister---Government was to issue funds from Public Sector Development Project and it was withholding the same without lawful justification---Petitioners were full time workers and they were entitled to withdraw their salaries and consequential benefits---Withholding of such benefits amounted to violation of fundamental rights of petitioners---High Court directed the authorities to release funds for payment of salaries to petitioners---Constitutional petition was allowed accordingly. PLD 1975 SC 383; PLD 1994 SC 693; 1996 CLC 472; 1998 SCMR 1249; 1998 SCMR 2268; 2002 SCMR 71; 2005 PLC 886; 2010 PLC 1109; 2010 SCMR 253; 2011 PLC 26; 2011 SCMR 1; 2011 PLC 234 and 2012 PLC 130 ref. Malik Qamar Afzal and Syeda Sumaira Naqvi for Petitioners Nos.1 to 6. JUDGMENT SHAUKAT AZIZ SIDDIQUI, J.--- Petitioners invoked the constitutional jurisdiction of this court by way of filling instant writ petition with the following prayer:- "In these circumstances , it is very respectfully prayed that this Honorable Court may very graciously order and direct the Respondents that:- (a) The Planning Commission be directed to immediately release salaries and allowances of the Petitioners from 01.07.2011 up to date with all consequential benefits; (b) Any other equitable relief the Honorable Court may find justifiable in the given circumstances." 2. Brief facts relevant for disposal of instant Writ Petition are that Petitioners are working on a development project namely "White Revolution-Doodh Darya" (hereinafter referred to as the Project) of Pakistan Dairy Development Company (PDDC), launched with…
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