| Citation(s) |
|---|
| 2026 SLG 3746 = 2026 SLD 3746 |
Federal Constitution Court of Pakistan
C.P.L.A. No. 4245/2022 & C.M.A. No. 10808/2022
Presented By: Syed Hasan Azhar Rizvi JUDGE
For the Petitioner(s) : Mr. Khurram Mumtaz Hashmi, ASC Syed Rifaqat Hussain Shah, AOR For the
Respondent(s) : Mr. Rashad-ul-Musawar, ASC Date of Hearing : 10.06.2026
C.P.L.A. No. 4245/2022 & C.M.A. No. 10808/2022
Presented By: Syed Hasan Azhar Rizvi JUDGE
For the Petitioner(s) : Mr. Khurram Mumtaz Hashmi, ASC Syed Rifaqat Hussain Shah, AOR For the
Respondent(s) : Mr. Rashad-ul-Musawar, ASC Date of Hearing : 10.06.2026
Managing Director, Oil and Gas Development ..…Petitioner(s) Company Limited, Islamabad, and others
VERSUS
Dr. Capt. (R) Nusrat Hussain through LRs.
Law: Compulsory Service In The Armed Forces Ordinance, 1971
Section: 3,9A
Law: Oil and Gas Development Corporation (Re-Organization) Ordinance, 2001
Section: 5,7
Law: Limitation Act, 1908
Section: 5
Case Summary Facts Dr. Capt. (R) Nusrat Hussain, a medical practitioner, was compulsorily inducted into the Pakistan Army in 1981 under the Compulsory Service in the Armed Forces Ordinance, 1971. After serving for over nine years, he was released in 1989. In 1992, he joined the Oil and Gas Development Corporation (later OGDCL). He repeatedly requested that his compulsory military service be counted towards his seniority, pay, and service benefits under Section 9A of the Ordinance, 1971. OGDCL rejected his requests on several occasions, granting only two advance increments. In 2011, he filed a constitutional petition before the Sindh High Court, which allowed his petition and directed OGDCL to grant service benefits to his family. OGDCL challenged the High Court's decision before the Federal Constitutional Court. Issues Whether an employee of OGDCL is entitled to the benefits of Section 9A of the Compulsory Service in the Armed Forces Ordinance, 1971. Whether OGDCL, after becoming a public limited company, remained an organization covered by Section 9A. Whether the constitutional petition filed after approximately 17 years was barred by delay and laches. Held The Federal Constitutional Court allowed the appeal by majority (2:1), set aside the High Court's judgment, and dismissed the constitutional petition. Reasoning Section 9A is a beneficial provision meant to compensate medical practitioners and essential persons who render compulsory military service. However, its application is limited to employment in: Federal Government, Provincial Government, Organizations controlled by the Federal or Provincial Government, Statutory bodies, or Local bodies. OGDCL, after its corporatization into a public limited company, ceased to be a statutory body and therefore did not fall within the categories mentioned in Section 9A. The respondent's claim had already been rejected in 1994. No vested right existed when OGDCL was converted into a company in 1997, and Section 5 of the Oil and Gas Development Corporation (Re-organization) Ordinance, 2001 only preserved existing rights, not rejected or stale claims. The Court held that repeated representations do not create…