| Citation(s) |
|---|
| 2025 SLG 2163 2025 SLD 2163 = 2025 SHC 1436 = 2025 SHC 1451 = 2025 SHC 1454 |
Constitutional Petition No. D-6139 of 2019
Justice Mohammad Karim Khan Agha Justice Adnan-ul-Karim Memon
Malik Naeem Iqbal advocate for the petitioner Mr. Muhammad Zeeshan Abdullah, advocate, and Mr. Saalim Salam Ansari, advocate, for the respondent / NICVD Mr. Ali Safdar Depar, Assistant AG
(Prof. Asal Khan Tareen v National Institute of Cardiovascular Diseases & others)
Law: Constitution of Pakistan, 1973
Section: 199
Law: Civil Service Rules,
Section:
Summary:
The petitioner, a retired Senior Professor and former Head of Pathology at NICVD, filed a petition seeking declarations and directions including payment of outstanding professional fees, enhanced PhD allowance, satellite allowance arrears, and appointment-related reliefs. The respondents contested the claims, citing NICVD service regulations, the Sindh Civil Service Act, estoppel due to delay, and that certain government notifications on allowances do not apply to NICVD as it is not a public sector teaching hospital. The Court held that the critical facts, such as the petitioner’s official position and entitlement to allowances, were disputed and not suited to be resolved in writ jurisdiction under Article 199 of the Constitution. Also, it noted a final settlement regarding service benefits was claimed by respondents. Due to these reasons, the petition was dismissed, reinforcing that such employment disputes with contested facts require full trial in a plenary jurisdiction rather than writ petitions.
Core Points:
| Core Issue | Court’s Observation and Outcome |
|---|---|
| Petition for Executive Position | Disputed; declaration refused |
| Direction to Appoint/Update File | Not granted; factual disputes exist |
| Inquiry into Conduct of Respondents | No direct ruling; facts complex |
| Professional Fees and Allowances | PhD allowance paid but not enhanced rate; no directive to pay arrears for other fees |
| Applicability of Govt Notification | Notification on enhanced PhD allowance not applicable to NICVD |
| Satellite Allowance Entitlement | Not entitled due to disputed position and policy |
| Jurisdiction under Article 199 | Writ petition unsuitable for disputed factual claims |
| Estoppel (Delay in Claim) | Applied against petitioner’s claims |
| Final Settlement | Claimed; petition dismissed on this basis |
Law and Sections:
| Issue | Relevant Law/Regulation | Court’s Interpretation/Remarks |
|---|---|---|
| Writ Jurisdiction | Article 199, Constitution of Pakistan | Limited to constitutional or legal questions; not factual disputes |
| Employment Regulations | NICVD Employees (Service) Regulations, 1997 | Governs terms; disputed facts require full trial |
| Civil Service Law | Sindh Civil Service Act, 1973 | Relevant to service claims and dismissal |
| Estoppel Principle | Common law doctrine on delay and contradictory conduct | Enforced against petitioner due to late claim |
| PhD Allowance | Govt Notification dated 08.02.2018 on PhD allowance | Applies only to public universities; NICVD excluded |
| Appointment and Position Claims | NICVD Governing Body Meeting Minutes | Position disputed; no entitlement established |
| Final Settlement Agreements | Contract and service law principles | Indicative of closure of further claims |
O R D E R