| Citation(s) |
|---|
| 2025 SLG 3714 2025 SLD 3714 = 2025 SHC 1737 |
CP No D-5015 of 2020
Justice Mohammad Karim Khan Agha Justice Adnan-ul-Karim Memon
Ms. Zehra Sehar Assitant Attorney General
(Syed Israr Ali v. Federation of Pakistan & others & others)
Law: Constitution of Pakistan, 1973
Section: 199,3
Summary:
The petitioner, Mohammad Karim Khan Agha, retired from the FIA and was appointed as a Senior Law Officer on a one-year contract, with a monthly salary of Rs. 120,000. Despite fulfilling his duties and serving diligently, his total contractual salary of Rs. 1,440,000 remained unpaid. The respondent authorities failed to pay the petitioner, citing that the contractual post was not sanctioned within the project funding. The Court held that the petitioner had a valid contract and was entitled to his salary. Non-payment constituted exploitation and breach of contract, violative of constitutional protections. The Court ordered the Ministry of Interior to pay the outstanding dues within three months.
Core Points:
- Petitioner served as Senior Law Officer on contract after FIA retirement.
- Contract salary Rs. 120,000 per month, total Rs. 1,440,000 unpaid.
- Respondents claimed no sanctioned post/funds, contradicting their own appointment notification.
- Court upheld validity of appointment and petitioner's right to payment.
- Non-payment seen as forced labor and unconstitutional exploitation under Article 3.
- Court directed Government to pay dues within three months via Ministry of Interior.
Law and Section:
| Law/Article | Description |
|---|---|
| Article 199, Constitution of Pakistan | High Courts' jurisdiction to issue writs for enforcement of fundamental rights. |
| Article 3, Constitution of Pakistan | Prohibition of exploitation and forced labor; ensures elimination of all forms of exploitation. |
| Contract Law (implicit) | Valid contractual obligations require employer to pay agreed salary for services rendered. |
O R D E R