Law: Constitution of Pakistan, 1973

Section: 199,10

Law: Pakistan Institute of Fashion and Design Act, 2011

Section: 17,25

(a) Constitution of Pakistan--- ----Art.199---Constitutional petition---Maintainability---Scope---Service of employee was governed by non-statutory service rules/regulations---Effect---In routine, a Constitutional petition was not maintainable on behalf of employees whose terms and conditions of service were governed under non-statutory service rules however, when an order or action impugned was patently illegal, perverse or arbitrary, then Constitutional jurisdiction of High Court to interfere could not be abridged. Pakistan Defence Officers Housing Authority and others v. Lt. Col. Syed Jawaid Ahmed 2013 SCMR 1707 rel. (b) Interpretation of statutes--- ----Construction of statute/rules/regulations---Amendment or subsequent insertion of a provision---Effect and scope---Subsequent provision, being later in time, could have overriding effect inasmuch as such subsequent provision / rule / regulation could supplement, rescind or amend an earlier provision, however, a former provision could not be used to render a subsequent provision as ineffective. (c) Pakistan Institute of Fashion and Design Act (X of 2011)--- ----Ss. 17 25---Pakistan Institute of Fashion and Employees (Efficiency and Discipline) Statutes, 2012, S. 10---Constitution of Pakistan, Art.199---Probation---Regularization of service---Powers and authority of Senate of Pakistan Institute of Fashion and Design---Scope, an employee of Pakistan Institute of Fashion and Design, impugned order whereby probationary period of his employment was extended, and he was not considered for regularization of service, and subsequently his services were dispensed with---Validity ---Per Pakistan Institute of Fashion and Employees (Efficiency and Discipline) Statutes 2012; petitioner had already completed the probationary period --- While a competent authority considering confirmation / regularization of an employee could gauge his / her output during probationary period but said authority could not be given unbridled powers by cherry-picking some employees, whose probationary period was terminated, while depriving others, like petitioner, from confirmation despite passage of three years---High Court held that mala fide…

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