SUIT FOR DECLARATION AND RECOVERY OF MONEY



SUIT FOR DECLARATION AND RECOVERY OF  MONEY SAMPLE


IN THE HIGH COURT OF SINDH AT KARACHI 
Suit No.    /2009 

Captain Amin Hashmi s/o Fahad Hashmi, Muslim, 
Adult, r/o Bungalow No. F/1-S, 
Phase-VI, Clifton, Karachi. ------------------------PLAINTIFF 
VERSUS 
1. Pakistan International Airlines Corporation (PIAC) Through its Managing Director, Having office at Jinnah International Terminal, Karachi. 
2. Deputy General Manager (Human Resources), Pakistan International Airline Corporation, Having office at Jinnah International Terminal, Karachi. --------------- DEFENDANTS 

SUIT FOR DECLARATION AND RECOVERY OF Rs. 200, 000, 000/- (RUPEES TWO HUNDRED MILLION) AS DAMAGES 

The Plaintiff named hereinabove respectfully submits as under: 

1. That the Plaintiff is currently serving the Defendant No. 1 in the capacity of a Pilot on the B-777 and has been aptly serving on this particular equipment for over three years. It is submitted that the Plaintiff has been allotted number P-17412. However, it is stated that the Plaintiff was inducted in the services of the Defendant No. 1 in February 1978 and has since acquired great respect due to his unfettered professionalism and unblemished record, which being a matter of official documentation needs no proof whatsoever. 

2. That the Plaintiff has been, in pursuance of his duties and due to his status as a resilient professional, appointed by the Defendant No. 1 as an Instructor, Supervisory Pilot, Check Pilot and CAA Inspector on almost all aircrafts that has been part of the Corporations fleet since 1984 and has also performed such duties to the utmost satisfaction of the Corporation.

3. That keeping in consonance with the Plaintiff’s immaculate professional record, the Defendant No. 1 was pleased to promote him to the B-777, for which the Plaintiff had accordingly signed a two (02) year Training Bond in 2004. That after having out-served the mandatory period as stipulated through the abovementioned Training Bond and after having completed close to thirty (30) years of service with the Defendant No. 1, the Plaintiff opted to exercise his vested, substantive and acquired right under the rules, regulations and policies governing the Defendant No. 1 and sought to realize Optional/Voluntary Retirement (hereinafter referred to as the Retirement) through a Letter dated 01/01/2008, under the relevant scheme(s) and administrative order(s) that have been passed in order to facilitate such exercise(s), that clearly state that an employee may apply for retirement upon completion of either twenty (20) years of service and / or upon attainment of fifty (55) years of age. 
                    (Photocopies of Training Bond & Letter dated 01/01/2008 are attached herewith & marked as Annexure “P-1” & “P-2” respectively) 

4. That the services of all Cockpit Crew serving the cause of Defendant No. 1 are governed by Administrative Order 17/2001 dated 17/07/2001 (hereinafter referred to as The Order) and the PIAC Personnel Policies Manual (hereinafter referred to as PPM). It is submitted on behalf of the Plaintiff that under Chapter XII Clause 3 of The Order, the employees working for the cause of the Defendant No. 1 have been assigned the exclusive right of seeking retirement from the services of the Corporation as per the applicable pension rules. It is further submitted on behalf of the Plaintiff that the Defendant No. 1 has, from time to time, revised the terms and conditions governing Retirement, the last such revision being Circular 31/2007 dated 24/03/2007, whereby a Pilots request for early retirement and / or resignation from service shall only be entertained if the Pilot has served the Defendant No. 1 for over twenty (20) years. 
                    (Photocopies of relevant extract of Administrative Order 17/2001 dated 17/07/2001 & Circular 31/2007 dated 24/03/2007 are attached herewith & marked as Annexure “P3” & “P-4” respectively) 
HOW TO WRITE SUIT FOR DECLARATION AND RECOVERY OF MONEY?
5. That after having fulfilled all the necessary prerequisites demanded by the Defendant No. 1 from an employee seeking Retirement, the Plaintiff authored a Letter dated 01/01/2008 and addressed the same to the Chairman of the Defendant No. 1, as has already been stated above. However, to the astonishment of the Plaintiff, and in a discriminatory manner, the request put forth through the Letter dated 01/01/2008 was turned down by the Defendant No. 2, Deputy General Manager (Human Resources), in a fanciful and excessive exercise of authority and discretion, vide a Letter dated 30/01/2008, without assigning any legally justifiable and/or plausible reasons for the same on the pretext that the Plaintiffs request could not be acceded to “due to operational requirements”. It is humbly submitted on behalf of the Plaintiff that it is an understood practice with the Defendant No. 1, due to the existence and establishment of a precedent to such effect, that whenever an employee seeks enforcement of an acquired and vested right, the same has to be adhered to and upon failure to do so, the Defendant No. 1 is bound to give reasons that are acceptable and in consonance with the principles of equity and natural justice. 
                            (Photocopy of Letter dated 30-01-2008 is attached herewith and marked as Annexure ‘P-5’) 

6. That the arbitrary, unauthorized and discriminatory refusal of the Plaintiff’s request has caused grave mental agony, anguish and monetary losses to the Plaintiff. It is submitted on behalf of the Plaintiff that given the circumstances; the Plaintiff was compelled to address the Chairman yet again stating his discontent through a subsequent Letter dated 01/02/2008. It is stated on behalf of the Plaintiff that the Defendant No. 1 has conducted its affairs in a patent disregard and contravention of the rules, regulations and policies governing the operations of the Defendant No. 1, as well as the principles of equity and fair play, which has led to the decline and ruin of the national carrier. It is necessary to mention here at this juncture that whenever an employee has sought to realise an acquired and vested right, through service, the Defendant No. 1 has sought to manipulate and flout its policies, which have themselves placed fetters on all such deviations. Furthermore, a number of employees, either junior or on the same pedestal as the Plaintiff, seeking retirement have been awarded the same. 
                        (Photocopy of Letter dated 01/02/2008 is attached herewith & marked as Annexure ‘P6’) 

7. That due to the arbitrary, discriminatory and malicious Letter dated 31/01/2008, the Plaintiff was compelled to withdraw from a most lucrative offer with another famed airline, which cause the Plaintiff grave financial loses @ US $ 14, 395/- per month to be calculated for a period of fifteen (15) years. It is submitted that such devastation was also taken note of by the then Managing Director of the Defendant No. 1 and the then Chairman of the Defendant No. 1 convened a meeting specifically for such purpose. However, to date, no such efforts or endeavours have been initiated by the Defendant No. 1. 
                    (Photocopies of Application for Employment attached herewith & marked as Annexure “P-7”)

HOW TO WRITE SUIT FOR DECLARATION AND RECOVERY OF MONEY IN PAKISTAN

8. That given the circumstances, the Plaintiff addressed the Defendant No. 1 through a Legal Notice dated 21/04/2008 urging the same facts and grounds as done herein, which has been duly received by the Defendant No. 1 but the same has not been responded to date and as such has gone without refutation. It is also pertinent to point out at this juncture that the Defendant No. 1 has recently awarded retirement to a number of Pilots, most of who were not even entitled to the same in light of the rules, regulations and policies governing the Defendant No. 1, which in itself is a substantiation of the malafide of the Defendant No. 1. It is submitted that the Plaintiff has a legitimate expectation in the realization of the rights accrued in his favour under the rules, regulations and policies of the Defendant No. 1 and by virtue of an unblemished service record under the auspices of the Defendant No. 1. 
                        (Photocopies of Legal Notice dated 21/04/2008, Courier Receipt, Acknowledgment & List of Candidates awarded retirement are attached herewith as Annexures “P-8”, “P9”, “P-10” & “P-11” respectively) 

9. That the Plaintiff is, under the prevalent circumstances, compelled to seek damages from the Defendant No. 1 under the following heads:
10. That the Association founded for the welfare of Pilots, i.e., Pakistan International Airline Pilot Association (PALPA) has also identified the Plaintiff’s valid claim and has promised documented support to the Plaintiff in pursuance of his valid claim through a Letter dated 06/06/2008. 
                    (Photocopy of Letter dated 06/06/2008 is attached herewith and marked as Annexure “P-12”) 

11. That the Plaintiff is, hence, seeking recovery of Rs. 200, 000, 000/- (Rupees Two Hundred Million Only) as damages for the professional and mental anxiety caused to the Plaintiff due to the arbitrary, illegal, discriminatory and malicious refusal of the Defendant No. 1 to comply with the very rules and policies governing its operations, coupled with the personal trauma and discrimination warranted against the Plaintiff. Furthermore, the Plaintiff has acquired a vested and substantive right with the Defendant No. 1, which cannot be foregone on the mere whims and fancies of the Defendant No. 1 and its designated offices, hence, this Suit.

12. That the cause of action accrued initially to the Plaintiff on 01/01/2008 when the Plaintiff had sought to realize his vested, acquired and substantive right to seek retirement from the services of the Corporation and again on 30/01/2008, when the Corporation, through the Defendant No. 2 without assigning any legally justifiable and plausible reasons for the same, refused to entertain the Plaintiffs request for retirement. However, this being a continuous cause of action shall subsist till such time when the relief sought being urged for through this Instant Suit is granted. 

13. That for the purpose of Court Fee, the Suit is valued at Rs. 200, 000, 000/- (Rupees Twenty Crore Only) and falls within the pecuniary jurisdiction of this Hon’ble Court and hence, ad-valorem Court Fee is affixed herewith. Furthermore, the Plaintiff is currently residing within the limits of P.S. _______________________________, which falls within the territorial bounds and jurisdiction of this Hon’ble Court. 

PRAYER 

It is, therefore, in the interest of justice, good conscience and equity prayed that this Hon’ble Court would be pleased to pass a Judgment and Decree accordingly and direct the Defendant No. 1 to: 

a. Declare that the Letter dated 30/01/2008 issued by the Defendant No. 2 is illegal, void and ultra vires of the vested, acquired and substantive rights guaranteed to the Plaintiff under the PIAC Personnel Policies, Administrative Order 17/2001 dated 17/07/2001 and all other rules and regulations incidental and consequential thereof, as well as being discriminatory and prejudicial to the rights of the Plaintiff. 

b. Compensate the Plaintiff with pecuniary damages of Rs. 200, 000, 000/- (Rupees Twenty Crore Only) against the arbitrary, illegal, malicious and discriminatory refusal of the Defendant No.1 Corporation in entertaining the Plaintiffs request for retirement from the services thereof and inadvertently denying the Plaintiff his right to seek enforcement of his fundamental, vested, acquired and substantive rights and privileges, which has resulted in the Plaintiff suffering monumental financial losses. 

c. Any other, further, better and/or equitable relief that this Hon’ble Court may deem fit, proper and necessary given the prevalent circumstances. d. Costs of the Suit may kindly be awarded. 

Karachi                                                     PLAINTIFF

Dated:27/03/2009                ADVOCATE FOR THE PLAINTIFF

VERIFICATION 

I, Captain Amin Hashmi, Son of Fahad Hashmi, Muslim, Adult, Resident of holding CNIC No. 49965-5203897-7 do hereby on solemn oath and affirmation submit that whatever is stated above is true and correct to the best of my knowledge and belief.                 

                                                                                    DEPONENT 
                                             
                                                Identified by me. 
                            
                                                                                    ADVOCATE

  • Document(s) filed: Annexure ‘P-1’ to ‘P-11’ 
  • Document(s) relied upon: Annexure ‘P-1’ to ‘P-11’and all other documents that are necessary and relevant to the subject matter. 
  • Address for service: As mentioned in the Title. 
  • Address for the Plaintiff’s counsel: As mentioned in the Vakalatnama                                 
                                    Drafted by me
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