| Citation(s) |
|---|
| 2021 SLG 2867 2021 SLD 2867 2021 PLC 1343 |
Supreme Court of Pakistan
Civil Appeal No. 491 of 2012 and Civil Appeals Nos. 536-546,580/2012, 452, 453, 43/2013 and Civil Petitions Nos.150-151/2013 and Civil Appeals Nos. 1081, 1084/2011,432/2013 and Criminal Petitions Nos. 138-140/2014 and CivilAppeals Nos.1151/2012, 1026-
Present: Mushir Alam, Qazi Muhammad Amin Ahmed and Amin-ud-Din Khan, JJ
M. Shoaib Shaheen, Advocate Supreme Court, M. Akram Sheikh, Senior Advocate Supreme Court, M. Asif Vardag, Advocate Supreme Court, Rai M. Nawaz Kharral, Advocate Supreme Court, M. Tariq Tanoli, Advocate Supreme Court, M. Munir Paracha, Advocate Supreme Co
Civil Appeal No. 491 of 2012 and Civil Appeals Nos. 536-546,580/2012, 452, 453, 43/2013 and Civil Petitions Nos.150-151/2013 and Civil Appeals Nos. 1081, 1084/2011,432/2013 and Criminal Petitions Nos. 138-140/2014 and CivilAppeals Nos.1151/2012, 1026-
Present: Mushir Alam, Qazi Muhammad Amin Ahmed and Amin-ud-Din Khan, JJ
M. Shoaib Shaheen, Advocate Supreme Court, M. Akram Sheikh, Senior Advocate Supreme Court, M. Asif Vardag, Advocate Supreme Court, Rai M. Nawaz Kharral, Advocate Supreme Court, M. Tariq Tanoli, Advocate Supreme Court, M. Munir Paracha, Advocate Supreme Co
MUHAMMAD AFZAL and others
VS
SECRETARY ESTABLISHMENT DIVISION ISLAMABAD and others
Law: Sacked Employees (Reinstatement) Ordinance, 2010
Section: 4
Law: Constitution of Pakistan, 1973
Section: 240
(a) Sacked Employees (Reinstatement) Act (XXII of 2010)--- ----S. 4---Constitution of Pakistan, Art. 240---Civil service---Non-obstante clause under S. 4 of the Sacked Employees (Reinstatement) Act, 2010, ('Act of 2010')---Constitutionality---Such clause could not over-ride the provisions of the Constitution---Given the fact that the legislature itself was subservient to the Constitution, a non-obstante clause could not be deemed to override the provisions of the Constitution itself---Section 4 of the Act of 2010 (non-obstante clause) also excludes the application of the judgments of the Supreme Court or any High Court---Effect of the non-obstante clause, was, in essence, to nullify a judgment of the Supreme Court, but a legislature could not destroy, annul, set aside, vacate, reverse, modify, or impair a final judgment of a Court of competent jurisdiction---Section 4 of the Act of 2010 (non-obstante clause) failed to provide unfettered protection to the said Act and was rendered ineffective through the very judicial pronouncement it sought to oust. Contempt Proceedings Against Chief Secretary, Sindh and others 2013 SCMR 1752; Fazlul Quader Chowdhry v. Muhammad Abdul Haque PLD 1963 SC 486 and Contempt Proceedings Against Chief Secretary, Sindh and others 2013 SCMR 1257 ref. (b) Sacked Employees (Reinstatement) Act (XXII of 2010)--- ----S. 4 & Preamble---Constitution of Pakistan, Arts. 4, 9 & 25---Sacked Employees (Reinstatement) Act, 2010, ('Act of 2010'), vires of---Legislature had, through the operation of the Act of 2010, attempted to extend undue benefit to a limited class of employees---In terms of the Act of 2010 upon the 'reinstatement' of the 'sacked employees', the 'status' of the employees currently in service was violated as the reinstated employees were granted seniority over them---Legislature had, through legal fiction, deemed that employees from a certain time period were reinstated and regularized without due consideration of how the fundamental rights of the people currently serving would be affected---Rights of the employees who had completed codal formalities through which civil servants were inducted into service and complied with the…
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