| Citation(s) |
|---|
| 2026 SLG 158 2026 SLD 158 = 2026 LHC 66 |
W.P. No.23267 of 2025
PRESENT; (Muhammad Sajid Mehmood Sethi) Judge
Date of hearing: 13.01.2026. Appellant by: Syed Ishrat Ali Bukhari, Advocate.
Respondents by: Mr. Muhammad Umar Sharif, Advocate/ Legal Advisor for Pakistan Railways. Mr. Muhammad Zain Qazi, Assistant Attorney General along with Dr. Sumera Rana, Divisional Medical Officer, Pakistan Railways Lahore Division.
Maryam
VERSUS
Pakistan Railways through its Chief Executive Office, Lahore etc.
Law: Constitution of Pakistan, 1973
Section: 4, 24, 199
Summary
The petitioner sought issuance of an appointment letter for the post of Junior Commercial Assistant/Booking (BS-5) under the Prime Minister’s Assistance Package (PMAP), having successfully completed the selection process prior to the Supreme Court judgment dated 18.10.2024 declaring PMAP appointments unconstitutional. The Court held that the petitioner’s selection had attained finality before the said judgment, thereby creating a vested and crystallized right. Issuance of an appointment letter was deemed a ministerial act, and withholding it on the basis of a subsequent judicial pronouncement was held legally unsustainable. Applying the doctrines of prospective overruling, promissory estoppel, and legitimate expectation, the Court directed issuance of the appointment letter, holding that the Supreme Court judgment could not retrospectively divest accrued rights.
Tag Line
PMAP appointment finalized prior to Supreme Court judgment—vested right accrued—subsequent declaration of unconstitutionality held prospective—appointment letter directed to be issued.
ORDER;