Ch. Imran Hassan Ali, Advocate, represented the successful Petitioner in a Writ Petition against Pakistan Telecommunication Company Ltd. (“PTCL”) before the Honourable Islamabad High Court. The Petitioner was employee of PTCL. He opted for Voluntary Separation Scheme (“VSS”) launched by PTCL. He was just 22 days short of the period of service required before an employee becomes entitled to pension. PTCL hastened to accept his application for VSS before he completed the said period. He was thus deprived of pension despite having worked at PTCL for more than 19 years. He challenged it before the Islamabad High Court.
The Respondent argued that after its privatisation PTCL is not amenable to Constitutional Jurisdiction of the High Court. The Court rejected this objection by employing the “function test”.
The Court accepted the Writ Petition on merits and declared that the Petitioner was entitled to pension.
Ch. Imran Hassan Ali, Advocate, represented the successful Petitioners in a Writ Petition before the Honourable Lahore High Court, Rawalpindi Bench. The Petitioners held B.Tech (Hons) degrees. They applied for appointment to the posts of Assistant Executive Engineers (B&R/E&M) advertised by Military Engineering Services (“MES”). Their applications were rejected. MES said that they were not qualified. They challenged the rejection of their applications in the High Court.
The Respondents argued that the Writ Petitions were not maintainable because the Petitioners had failed to avail of the remedy of appeal provided by the relevant statute within time. The Court rejected this objection. It held that where a statutory functionary acts with mala fide or in a partial, unjustified and oppressive manner, the High Court has the power to grant relief to the aggrieved party by exercising its Constitutional Jurisdiction.
On merits the Court held: “It seems that the petitioners have been dealt with in a discriminatory manner. The respondents have failed to explain the rationale behind refusal to entertain the applications of the petitioners whereas it is established that the previous applications of the candidates holding B.Tech (Hons) degree have been entertained and appointments have been made against the posts of Assistant Executive Engineers which fact has not been denied by the Assistant Director (legal) appearing on behalf of Federal Public Service Commission.”
Consequently, the Court allowed the Writ Petitions, set aside letters of rejection and remitted the matter to the relevant Respondent for fresh decision on the Petitioners’ applications.
The judgment is reported as “Aftab Ahmed and another vs. Federation of Pakistan etc.” [2014 PLC (C.S.) 575 Lahore = K.L.R. 2014 Civil Cases 174].
Ch. Imran Hassan Ali, Advocate, represented the successful appellants in an Intra-Court Appeal before a Division Bench of the Honourable Islamabad High Court. Two Appellants were Deputy Secretaries and one was Joint Secretary in the National Assembly Secretariat. They applied for allotment of plots in schemes developed by the Federal Government Employees Housing Foundation (FGEHF). Their applications were rejected. FGEHF was of the view that emloyees of Constitutional Bodies like the National Assembly and Senate of pakistan etc. are not entitled to allotment of plots under FGEHF policy. The Appellants initially filed a Writ Petition, which was dismissed by a judge-in-chambers. They then engaged Ch. Imran Hassan Ali for an Intra-Court Appeal. They had retired in the meanwhile. The appeal was heard by a Division Bench on 30-09-2013, when it was allowed. The Court held that the employees of Constitutional Bodies, inlcuding the appellants, are entitled to allotment of plots in their respective categories.
Ch. Afrasiab Khan, ASC, represented the successful Petitioner in a Petition for Writ of Certiorari before the Honourable Islamabad High Court. He was assisted by Ch. Imran Hassan Ali, Advocate. The Petitioner, Muhammad Azhar Chughtai, was employed as Manager (S&FA) in the Oil and Gas Development Company Ltd. (OGDCL). He was wrongfully terminated from service. The High Court set aside the termination by holding that the Deputy Chief HR Officer had wrongly bypassed the the Board of Directors in issuing the termination letter, which was, therefore, without lawful authority. The Court further held that the termination was a mala fide response by OGDCL to Mr. Chughtai’s plea for regularisation in service. Consequently, the Court ordered that the Petitioner would be deemed to have never been terminated. He will also be entitled to full pay and benefits for the period he was kept out of office.
Ch. Imran Hassan Ali represented the successful appellant, Liaquat Ali, in a criminal appeal against conviction. Liaquat Ali had been convicted of murder and sentenced to imprisonment for life by the Trial Court. He had already served 9 and a half years in prison when his appeal was finally allowed by the Lahore High Court, Rawalpindi Bench, on 26-02-2013 and he was acquitted of all charges against him. However, the Court upheld the conviction and sentence of his co-accused, Altaf Hussain, who was represented by another counsel.
Ch. Imran Hassan Ali recently testified as an Expert Witness in the High Court of the Hong Kong Special Administrative Region, Court of First Instance. The case pertained to succession to the estate of Abid Hussain (deceased) – a man of Pakistani origin – whose estate included assets in Hong Kong as well as in Pakistan. Imran was requested to provide an Affidavit of Law regarding the Pakistani law of succession and how it applied to the estate of Abid Hussain.