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Petitioner: TANVIR IQBAL SIDDIQI VS Respondent: THE PRINCIPAL, OVERSEAS PAKISTANIS' FOUNDATION JUDGMENT
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Rafique Tarar, Muhammad Afzal Lone Title:TANVIR IQBAL SIDDIQI vs THE PRINCIPAL, OVERSEAS PAKISTANIS' FOUNDATION
JUDGMENT
Reported As: 1994 SCMR 958 Result: Leave refused Judgment JUDGMENT ' MUHAMMAD AFZAL LONE, J.---The petitioner was employed as a Science Laboratory Assistant/Technician with the Overseas Pakistanis' Foundation Girls College, Islamabad. His services were terminated on 30-4-1990. He assailed the validity of the termination order through Writ Petition No, 323 of 1992, which was disposed of at the limine stage by a learned Single Judge of the Lahore High Court, vide his order dated 22-7-1992, from which leave to appeal is sought by the petitioner. The High Court declined to intervene on the ground that O.P.F. Which runs the College though an autonomous body, yet is not the creation of any Statute. It was maintained that if the petitioner claimed the status of civil servant, he should have approached the Service Tribunal; on the other hand, the O.P.F. Being not the statutory organisation, the petitioner's remedy lay in filing a civil suit. 2. We have heard the petitioner in person. The O.P.F. Is decidedly not a department of the Federal Government. The fact that it has not been created by virtue of any Statute has also not been disputed before us. It is not shown that the Foundation performs the functions in connection with the affairs of the "Federation" within the meaning of Article 199 of the Constitution. The High Court, therefore, rightly came to the conclusion that the writ petition is not competent. We have not been persuaded to differ with the view expressed by the learned Single Judge. ' There is no merit in this petition. The leave prayed for is, therefore, refused and the petition dismissed.