Law: Constitution of Pakistan, 1973

Section: 199, 4, 25

Case Summary The petitioner, a long-serving permanent employee of Jinnah University for Women, challenged her alleged premature retirement in 2015 and subsequent conversion into a contractual employee. She argued that her status was changed without notice or hearing, violating principles of natural justice and relevant university rules. She further contended that her services were unlawfully discontinued in 2020, along with stoppage of increments and salary. The respondents argued that she had retired after completing service and was later engaged on a contractual basis, which was not renewed in 2020. They maintained that contractual employees have no right to regularization, increments, or continuation of service. The Court held that the premature retirement was unlawful as it was done without notice, hearing, or due process under the University Act, 1998 and relevant service rules. It further held that the conversion to contractual employment and later non-renewal were consequences of an illegal act. The petitioner was declared to have continued as a regular employee until superannuation, with entitlement to salary, increments, and service benefits. Sections / Legal Provisions Used Article 199 of the Constitution of Pakistan, 1973 Article 4 of the Constitution of Pakistan, 1973 Article 25 of the Constitution of Pakistan, 1973 Section 23 of University Statute (Retirement from service) Section 24 of University Statute (Protection against removal without show cause) University Act, 1998 University Code / Service Rules Two-Word Case Descriptions Service Regularization Illegal Retirement Contract Conversion Due Process Employee Rights Salary Recovery O R D E R The petitioner has filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: - Direct the Respondents Nos. 3 to 5 to allow her to extend her services as being regular employee which has been stopped on 01.06.2020 as it is totally illegal and ab-initio and void in nature without any show cause notice, no one can be dismissed or removed from service; Direct the respondents to extend all the increments, which have been…