No, since a contract employee’s remedy is to file a civil suit for damages, they cannot use a constitutional petition to demand reinstatement.
This reality was brought to light by a 2019 Supreme Court of Pakistan decision, which put an end to a hospital technician’s protracted battle to regain his employment.
This is his tale: one of heartache, hope, and the rigid rules of contract law.
Like so many others, he started out in the busy hospital hallways, quietly and diligently. A young technician was contracted to run ECG machines in Rawalpindi in 2005. Doctors could follow the rhythm of frail hearts thanks to the steady work of his hands. His pride was steady and silent despite the urgent noise coming from the hospital; he was a part of something greater.
However, the quiet ended in 2009. His services abruptly ended when a letter arrived. No justification. No opportunity to be heard. Termination only. The loss was devastating, and the shock was severe. It was more than just a job to him; it was a source of routine, dignity, and purpose. So he made the decision to fight.
He started by requesting a reconsideration from the hospital’s authorities. Months passed. No response. He finally went to the Lahore High Court because he was frustrated. He requested justice by filing a writ petition, which is a formal request for the court to step in on public law issues. The hospital was ordered by the court to make a decision on his case. The hospital did respond in 2011, but it wasn’t what he had hoped for. They declared his appointment void from the beginning and upheld his termination.
He submitted a second writ petition, refusing to concede defeat. And there was hope again in 2012. He was reinstated after one judge made a decision in his favor. His heart soared. He could go back to his favorite job. However, the festivities didn’t last long. With Intra Court Appeals (ICAs), the hospital and Punjab government retaliated, contesting the ruling in front of a higher court.
By 2017, things had changed. His petition was dismissed by the Division Bench, which overturned the previous decision. Once more, the technician’s world fell apart. Nevertheless, he continued his battle all the way to Pakistan’s highest court, the Supreme Court.
Now, the question was clear: could a contract worker use a constitutional petition to demand reinstatement?
The technician’s attorney contended that the Division Bench made a mistake by disregarding his long service and rights. They maintained that his appointment was legal and that his years of devoted service warranted protection, regardless of any errors.
However, the government and hospital remained steadfast. According to them, his appointment was never legitimate. They said the law required the Reemployment Board to approve such contracts, so the Medical Superintendent could not directly appoint him. His appointment was “void”—legally invalid from the beginning—because he skipped this step. Furthermore, no explanation was needed for termination if a job was null and void.
The law was on their side.
Article 199 of Pakistan’s 1973 Constitution permits the High Court to hear a constitutional petition in order to uphold fundamental rights or deal with matters pertaining to public law. However, the Supreme Court has long maintained that contract workers are not covered by this rule. They are unable to use such petitions to demand reinstatement, unlike permanent government employees. A civil suit for damages is their alternative course of action.
It was a powerful precedent. The Court decided that contract workers could only seek damages for the remaining time of their contracts in Federation of Pakistan v. Muhammad Azam Chattha (2013 SCMR 120). The same reason was used to deny reinstatement in Rizwana Bibi v. Province of Punjab (CPLA 155/2010). The law had previously spoken, so the technician’s situation was not unusual.
His attorney tried different approaches. They contended that the medical college shouldn’t have been permitted to appeal because it wasn’t a party in the initial petition and that the government’s appeal was filed too late. But once more, precedent stood in the way.
The Court referenced past decisions such as Yousaf Ali v. Muhammad Aslam Zia (PLD 1958 SC 104), which determined that contesting a void order is not time-limited. Additionally, any party who felt wronged, even if they weren’t named initially, could appeal in H. M. Saya & Co. v. Wazir Ali Industries Ltd. (PLD 1969 SC 65). Thus, the medical college’s participation was legitimate.
It was the last stage of the case.
The Supreme Court’s ruling was delivered on March 6, 2019. The technician’s appeals were turned down. The Division Bench’s decision was maintained. His appointment was null and void. He could not be reinstated. The Court also reiterated the rule that contract workers cannot use constitutional petitions to demand reinstatement. Civil lawsuits for damages are their only option.
It was a bitter end for the technician. A reminder of the sharp distinction between contract and permanent employment was the result of years of service, faith, and legal battles rather than a triumph. His battle brought to light a reality that thousands of contract workers must deal with: the legal protection of rights varies based on the type of appointment.
This judgment is more than just a story to those who are in similar circumstances. This serves as a warning: be aware of your legal options before pursuing reinstatement.
This narrative is based on an actual ruling rendered by Pakistan’s Supreme Court in 2019.
Frequently Asked Questions
Can a contract worker file a constitutional petition to demand reinstatement?
No. Contract workers cannot use constitutional petitions to demand reinstatement, as the Supreme Court reaffirmed in 2019. They can seek damages in civil suits as a remedy.
In Pakistan, what is a constitutional petition?
According to Article 199 of the Constitution, it is a legal remedy that enables people to petition the High Court for issues pertaining to public law or the defense of fundamental rights. Contractual job disputes are not covered.
After being fired, what recourse does a contract employee have?
Employees under contract may bring a civil lawsuit to recover damages for the unused portion of their agreement. They are unable to petition for reinstatement under the constitution.
What renders a government service appointment null and void?
If an appointment is made without the appropriate legal authority—for example, by avoiding a necessary board or formal procedure—it is null and void. There is no legal protection for void appointments.
Is it possible for someone who wasn’t listed in the original petition to appeal?
Indeed. According to the Supreme Court, even if they were not involved in the initial case, any party who feels wronged by the ruling may file an appeal.
Does contesting a void order have a deadline?
No. Since there is no statute of limitations for legally invalid acts, void orders may be contested at any time.
________________________________________
Disclaimer
This blog is not legal advice; it is merely for public awareness.
