ORDER SHEET.

IN THE ISLAMABAD HIGH COURT, ISLAMABAD.

JUDICIAL DEPARTMENT.

Writ Petition No. 3302/2023

Ahmed Umais Ahad & others

Versus
Federal Medical Teaching Institute through Dean & others
]

S. No. of Date of Order with signature of Judge and that of

order/ order/ parties or counsel where necessary.
proceedings Proceedings
(01) 17.10.2023 Mr. Riasat Ali Azad, Mr. Muzammil Hussain,
Mr. Zafar Hussain and Mr. Saddam Hussain,
Advocates for the petitioners

The petitioners are aggrieved by letter

dated 28.09.2023 pursuant to which their

contracts for extension of services have been

withdrawn.

2. The learned counsel for the petitioners

states that the petitioners were employed on

contract basis under provisions of the Federal

Medical Teaching Institutes Act, 2021. The

said act was subsequently repealed pursuant

to the Pakistan Institute of Medical Sciences

Act, 2023. But in view of the law in relation to

the repeal under Article 264 of the

Constitution any rights that have been

accrued under provisions of the law in force

prior to the repeal survive even after the

repeal of the law. He states that the Ministry

of National Health Services Regulations &

Coordination, Islamabad, is vested with no

authority to terminate the contract and

 dismiss the services of the petitioners, who

were duly employed in accordance with

provisions of the repealed law.

3. Let notices be issued to the respondents

for 09.11.2023, who will file report and

para-wise comments within a period of ten

days. The petitioners shall deposit the

requisite fee for issuance of the notices within

a period of three days.

C. M. No. 01/2023

Notice. Meanwhile, the impugned letter

dated 28.09.2023 will stay suspended till the

next date of hearing.

C. M. No. 02/2023

Exemption sought for is allowed subject

to all just and legal exceptions.

(BABAR SATTAR)
JUDGE

A. Rahman Abbasi