Abdul Baqi Siddiqui v. Province of Sindh — Re-employment Notification Rescinded Before Retirement; No Vested Right Created
Sitting Panel: Saiduzzaman Siddiqui, C.J., Sh. Ijaz Nisar, and Sh. Riaz Ahmed, JJ
Summary:
In this case, Abdul Baqi Siddiqui challenged the refusal of the Government of Sindh to continue his re-employment after superannuation. Siddiqui, Managing Director of the Karachi Water and Sewerage Board, claimed he was promised a three-year extension beyond his retirement based on an approved summary and a notification issued before his superannuation. Relying on this, he declined a lucrative foreign offer. However, before he formally retired, the Sindh Government rescinded the notification, arguing it was issued prematurely and without legal backing.
The Supreme Court upheld the decision to rescind the re-employment notification, ruling that no vested right was created since the notification was withdrawn before Siddiqui reached the retirement age and before it was implemented. The Court emphasized that civil servants do not have an automatic right to continue service beyond superannuation unless exceptional circumstances justify it, and such extensions must strictly follow government policy and be granted by the competent higher authority. Consequently, Siddiqui’s plea of mala fide intention and vested right was rejected, and his petition dismissed.
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