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ALL PAKISTAN PARAMEDICAL STAFF FEDERATION UNIT, SZPMI, LAHORE versus FEDERATION OF PAKISTAN

- Arts 270AA, 254, 90, 91 and 199 - The Constitution (Eighteenth Amendment) Act (X of 2010), Proposed, Sections 96 and 101 - Federal Cabinet Office Memorandum / Notification No. 4 3/2012, dated 14 02 2012 - To the Evolution Provinces - The scope, nature and effect of excluding the list of harmonies by the Constitution (Eighteenth Amendment) Act, 2010 The effect of the date set aside for the deviation provided in Article 270A (8) of the Constitution - Declaration and Rules Continuation of the post of The constitution of an independent hospital / research institution under the Federal Government's administrative control under the Constitution (Eighteenth Amendment) Act, 2000, cannot be restricted as required by the provision of protection under Article 254 of the Constitution. Statute - In Article 270AA (8) of the Article Article, applicants failed to transfer administrative control of Sheikh Zayed Post Graduate Medical Institution S (SZPM1) from the federal government Memorandum / Notification No. 4 of the Provincial Government Cabinet Office Date of August 14, 2012 - Prime Minister's order under / 2012 - Applicants' attention was that the exchange was illegal and unconstitutional as SZPI was not in custody. Legislative approval The exchange of respondents also meant that the establishment of a trust deed was an autonomous department of the federal government and was formulated with competence in the administrative control of the province. It clearly shows that none of his material was specifically provided for any research institute to be set up in Lahore or elsewhere and the trust deed with the Federation of Pakistan SZPMI. The Nexus failed to show or failed to show the required t

P L D 2017 Lahore 640 

Before Muhammad Farrukh Irfan Khan, J

ALL PAKISTAN PARAMEDICAL STAFF FEDERATION UNIT, SZPMI, LAHORE—Petitioner

versus

FEDERATION OF PAKISTAN and others—Respondents

Writ Petition No.6104 of 2012, decided on 16th June, 2017.

Constitution of Pakistan

—Arts. 270AA, 254, 90, 91 & 199—Constitution (Eighteenth Amendment) Act (X of 2010), Preamble, Ss. 96 & 101—Federal Cabinet Office Memorandum/Notification No. 4-3/2012-Min. I dated 14.02.2012—Devolution to Provinces—Scope, nature and effect of the omission of the Concurrent List by the Constitution (Eighteenth Amendment) Act, 2010—Effect of the cut-off date for devolution provided in Art.270AA(8) of the Constitution—Declaration and continuance of laws post Constitutional (Eighteenth Amendment) Act, 2000—Devolution of an autonomous hospital/research institution under the administrative control of the Federal Government, via the Cabinet Division—Protection under Art. 254 of the Constitution with regards to failure to comply with requirement as to time provided in Art. 270AA(8) of the Constitution—Scope—Petitioners impugned the transfer of the administrative control of "Shaikh Zayed Postgraduate Medical Institution" ("SZPM1") from the Federal Government to the Provincial Government vide Cabinet Office Memorandum/Notification No.4-3/2012-Min.I dated 14.02.2012 on orders of the Prime Minister— Contention of the petitioners inter alia was that the said transfer was illegal and unconstitutional as the devolution of "SZPMI" did not have legal sanction—Contention of the respondents, inter alia, was that the "SZPMI" having been established by a Trust Deed was an autonomous Department of the Federal Government and had been competently devolved to the administrative control of the Province—Validity— Perusal of the alleged Trust Deed clearly reflected that none of its objects specifically provided that any research institution was to be established in Lahore or anywhere else and the Federation of Pakistan had failed to show nexus of the Trust Deed with the "SZPMI" or failed to show that the purported Trust was instrumental in any activity involved in the creation of the "SZMPI" or purchase land for the same—Said devolution of the "SZPMI" took place on 14.02.2012 much after the cut-off date provided in Art.270AA(8) of the Constitution which could not be regarded as a mere irregularity curable under Art.254 of the Constitution—Keeping in view the role of the Implementation Committee constituted for the purpose of devolution, it was clear that the process for devolution of the "SZPMI" could only be legally and validly completed in terms of Arts.270AA(8) & 270AA(9) of the Constitution—Impugned Office Memorandum/Notification was issued by the Prime Minister to the exclusion of the Cabinet, and per Art. 90 of the Constitution, the Prime Minister alone was not the Federal Government, therefore, the same did not carry legal sanction behind it and as such was liable to be struck down on the Constitutional plane—High Court held that "SZPMI" was an institution established by the Federal Government and not by the purported Trust Deed and therefore all notifications regarding the Trust and Board of Trustees were held to be ultra vires of the Constitution and of no legal and that the impugned Notification/Office Memorandum was unconstitutional and coram non judice and all acts made pursuant to the transfer shall cease to have any legal effect—High Court further held that the stood restored to the Federal Government in the position before the issuance of the Notification/Office Memorandum and was returned to the administrative control of the Federation, and all the appointments made by the Provincial Government were held to be void ab Court directed that the Federal and Provincial Governments shall cooperate and provide full assistance in so far as the transfer was concerned—Constitutional petitions were allowed, [pp. 660, 662, 663, 664] A,B, C, D, E & F

Ghazala Perveen's case 1994 PLC (C.S.) 684; Sheikh Zayed Hospital and Post Graduate Medical Institute v. Dr. Muhammad Saeed 2010 PLC (C.S.) 967 and Salman Kazmi v. Secretary of Cabinet Division PLD 2014 Lah. 451 ref.

C.P.D. 1692 of 2011 and Messrs Mustafa Impex, Karachi and others v. The Government of Pakistan through Secretary Finance, Islamabad and others 2016 PTD 2269 rel.

Shafqat Mehmood Chohan, Mian Bilal Bashir (assisted by Raja Tasawar Iqbal), Mushtaq Ahmad Mohal, Faisal Rafiq Mirza and Mirza Ahsan Ahmad Bhindar for Petitioners.

Ahmar Bilal Sufi, Hafiz Tariq Naseem, Jawad Tariq Naseem and Ghulam Ali Raza for Respondents.

Irfan Akram, D.A.G.

Malik Abdul Aziz A wan, A.A.G.

Dates of hearing: 10th, 14th November, 2016 and 15th and 16th February, 2017.

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