1015/2014 Const. P. LT CDR (R) Dr. Muhammad Nawaz (Petitioner) V/S Fed. of Pakistan and Ors (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
1015/2014 Const. P. LT CDR (R) Dr. Muhammad Nawaz (Petitioner) V/S Fed. of Pakistan and Ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 10-APR-25
The primary submissions of the petitioner is that the staff plot is a contractual entitlement. However, this raises the question of whether a Constitutional Petition is the appropriate legal avenue for an employee of a statutory corporation with non-statutory service rules to enforce the terms of those rules. Established service law dictates that if a statutory body's employee service conditions aren't governed by statute-based rules but by internal rules or instructions, their violation is generally not enforceable through constitutional jurisdiction and falls under the principle of master and servant. Here, the petitioner seeks enforcement of the DHA Service Rules 2008, which this Court cannot typically enforce via a Constitutional Petition. This position is supported by the Supreme Court of Pakistan's ruling in Pakistan Defense Officers Housing Authority vs. Mrs. Itrat Sajjad Khan and others (2017 SCMR 2010).