| Citation(s) |
|---|
| 2009 SLG 3184 2009 SLD 3184 2009 PLC 368 |
Islamabad High Court
Writ Petitions Nos.1866 of 2006, 626, 1004, 1015, 2383, 2378 of 2005, 2089, 2237, 2736, 3113 of 2006, 1089, 1112, 1201 and 2449 of 2007, decided on 21st July, 2008.
SYED QALB-I-HASSAN, J
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Writ Petitions Nos.1866 of 2006, 626, 1004, 1015, 2383, 2378 of 2005, 2089, 2237, 2736, 3113 of 2006, 1089, 1112, 1201 and 2449 of 2007, decided on 21st July, 2008.
SYED QALB-I-HASSAN, J
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Law:
Section:
ORDER SYED QALB-I-HASSAN, J.---This order will dispose of Writ Petition No.626 of 2005 (Khalid Mehmood and others v. PAEC), Writ Petition No.1004 of 2005 (Hafizullah and others v. PAEC), Writ Petition No.1015 of 2005 (Khaliq-uz-Zaman and others v. PAEC), Writ Petition No.2383 of 1005 (Muhammad Razzaq Satti and others v. PAEC), Writ Petition No.2378 of 2005 (Muhammad Sagheer Khan and others v. PAEC), Writ Petition No.1866 of 2006 (Muhammad Zulfiqar Ahmad and others v. PAEC and others), Writ Petition No.2089 of 2006 (Muhammad Iqbal v. PAEC and others), Writ Petition No.2237 of 2006 (Muhammad Safdar v. PAEC and others), Writ Petition No.2736 of 2006 (Zahoor-ud-Din Sheikh v. PAEC and others), Writ Petition No.3113 of 2006 (Muhammad Iqbal v. PAEC and others), Writ Petition No.1089 of 2007 (Muhammad Iqbal v. PAEC), Writ Petition No.1112 of 2007 (Zaheer Ahmad v. Federation of Pakistan and others), Writ Petition No.1201 of 2007 (Tahir Ali v. PAEC) and Writ Petition No.2449 of 2007 (Muhammad Zubair Butt v. PAEC and others). In all these writ petitions relief is sought against Pakistan Atomic Energy Commission. 2. Learned counsel for the petitioners have argued that although Pakistan Atomic Energy Commission has been absorbed in strategic organization and its employees are deemed to be employees of National Command Authority, but the Ordinance by virtue of which the services of the petitioners are absorbed in the National Command Authority was promulgated by the President of Pakistan being Chairman of National Command Authority, therefore, services of the petitioners are governed by statutory regulations under Employees Service Regulations, 2007 and the writ petitions are maintainable under Article 199 of the Constitution of Pakistan in the first instance, however, assuming without conceding, the rules are not statutory in nature even then the writ petitions are maintainable in view of the jurisdictional bar provided in section 22 of Ordinance No.LXX of 2007 dated 13-12-2007. The learned counsel further contended that in view of the bar contained in section 22 of the above said Ordinance, the petitioners have left with no other remedy except to invoke theβ¦
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