Law: Constitution of Pakistan, 1973

Section: 25,199

(a) Constitution of Pakistan (1973)---   ----Arts. 25 199---Constitutional petition---Employee of Pakistan Telecommunication Company Limited---Retirement from service under Voluntary Separation Scheme (VSS)---Acceptance of such offer by petitioner having served company for full 20 years---Calculation of amount payable to petitioner under VSS on basis of his 16 years service instead of 20 years while excluding amount of monthly pension---Plea of petitioner that such calculation was discriminatory as company had refused to take into account his 4 years service on ground to be an ad hoc period, while in case of other employees had taken into account ad hoc period and benefit had been extended to such employees for that period---Validity---Petitioner had been deprived of such payment for last more than three years---Refusal to grant relief of due payment to petitioner urgently required by him for subsistence would put him and his family in distress---Petitioner had been discriminated against, thus, constitutional petition was maintainable---High Court directed authority to pay petitioner claimed balance amount and monthly pension within one month, otherwise non-compliance thereof would attract contempt of Court proceedings against its officers responsible therefor.    Nizamuddin and another v. Civil Aviation Authority and 2 others 1999 SCMR 467; Tanveer-ur-Rehman v. Pakistan International Airline Corporation 2009 PLC (C.S.) 28; Muhammad Dawood and others v. Federation of Pakistan and others 2007 PLC (C.S.) 1046 and Pakistan Telecommunication Company Limited v. Muhammad Zahid and 29 others 2009 PLC (C.S.) 1001 ref.   (b) Constitution of Pakistan (1973)---   ----Art. 199---Employment contract, breach of---Alternative remedy available to employee under law---Constitutional petition--Maintainability---Principles stated.   Firstly, where the facts are not controverted and the matter is of such an urgent nature that the very remedy would get frustrated, if the aggrieved party is directed to seek redress through alternative remedy available under the law, then it would be proper for the Court to entertain the writ petition. Secondly, in case…

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