Law:

Section:

Constitution of Pakistan---Arts. 9, 25 & 199---Constitutional petition---Civil service---Appointment---Discrimination---Equal treatment to similarly placed employees---Scope---Petitioner and his other similarly placed colleague was respectively posted as Director and Chairman, to look after the affairs of Pashto Academy and the Department of Pashto of the University of Peshawar---Subsequently, the University only appointed similarly placed colleague/private respondent as Director on permanent basis and the petitioner was ignored---Validity---Petitioner could not be discriminated without any cogent reason by violating the provisions of Art.25 of the Constitution and they were bound to protect the rights of the petitioner as enshrined in Art.9 of the Constitution---Where the aggrieved party had alleged discrimination, the Court could not over-look the implication thereof---Equal treatment of all similarly situated was the basic principle which rested justice under the law---If even-handed justice was not administered, same could have many adverse and negative effects on the society and could cause discontentment and frustration in the social set up and there could be no denial that social justice was an objective and was enshrined in the Constitution---University authorities were directed to issue proper notification in respect of services of the petitioner, as was done in the case of his similarly placed colleague---Constitutional petition was allowed. Mehr Muhammad Nawaz v. Managing Director Small Business Finance Corporation 2009 SCMR 187 rel. JUDGMENT MALIK MANZOOR HUSSAIN, J:--- The petitioner, through instant Constitutional petition, questions the legality and propriety of notification dated 6-11-2012, issued by the Registrar University of Peshawar. 2. Briefly, facts of the case are that the petitioner was appointed as Director, Centre of Pashto Language and Literature, University of Peshawar, for a period of three years vide notification dated 11-8-2010. Thereafter, through notification dated 23-11-2011 merger of Pashto Academy and the Department of Pashto Centre of Pashto Language and Literature was withdrawn, thus independent status of both the…

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