| Citation(s) |
|---|
| 2014 SLG 2732 2014 SLD 2732 2014 PLC 428 |
Supreme Court of Pakistan
Constitutional Petition No. 6 of 2011, C.M.A. No. 5216 of2012, H.R.C. No. 48012-P of 2010, Dated: 17th March, 2014.Date of hearing: 11th December, 2013.
ANWAR ZAHEER, JAMALI, JUSTICE, ASIF SAEED KHAN KHOSA, JUSTICE, MUSHIR ALAM, JUSTICE
Saiful Malook, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for
Respondents Nos.1 and 3 (in Constitutional Petition No.6 of 2011).Abdul Latif Yousafzai, Advocate-General, Khyber Pakhtunkhwa and Malik Faisal Rafique, Additional A.G., Punja
Constitutional Petition No. 6 of 2011, C.M.A. No. 5216 of2012, H.R.C. No. 48012-P of 2010, Dated: 17th March, 2014.Date of hearing: 11th December, 2013.
ANWAR ZAHEER, JAMALI, JUSTICE, ASIF SAEED KHAN KHOSA, JUSTICE, MUSHIR ALAM, JUSTICE
Saiful Malook, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for
Respondents Nos.1 and 3 (in Constitutional Petition No.6 of 2011).Abdul Latif Yousafzai, Advocate-General, Khyber Pakhtunkhwa and Malik Faisal Rafique, Additional A.G., Punja
SYED MUBASHIR RAZA JAFFRI AND othersVSEMPLOYEES OLDAGE BENEFITS INSTITUTIONS (EOBI) THROUGH PRESIDENT OF BOARD, BOARD OF TRUSTEES AND OTHERS
Law:
Section:
(a) Employees' Old-Age Benefits Institution (Employees' Service) Regulations, 1980--- ----Regln. 10---Employees' Old-Age Benefits Institution Operating Manual Ch. 2, Cls. Nos. 02.4.3 & 02.05.2---Constitution of Pakistan, Art. 184(3)---Constitutional petition under Art. 184(3) of the Constitution against illegal appointments in Employees Old-Age Benefits Institutions (EOBI) based on political influence, nepotism and cronyism---Maintainability---"Public interest litigation"---Violation of fundamental rights of citizens---Scope---Controversy involved in the present petition was clearly within the domain of "public interest litigation" qua violation of fundamental rights of citizens at large by a public body (EOBI) in the matter of selection and appointments---Grievance in the present case, concerned the rights of more than 23,127 applicants who had applied for posts in EOBI but their applications were passed over due to nepotism and political pressure, in contravention of their fundamental rights enshrined under the Constitution, which in turn also affected the public at large as it called into question the manner in which the bureaucratic system was being abused by the ruling elite---Constitutional petition was held to be maintainable accordingly. Sindh High Court Bar Association v. Federation of Pakistan PLD 2009 SC 879; Syed Mahmood Akhtar Naqvi v. Federation of Pakistan PLD 2013 SC 195 and Regarding pensionary benefits of the Judges of Superior Courts PLD 2013 SC 829 ref. (b) Employees' Old-Age Benefits Institution (Employees' Service) Regulations, 1980--- ----Regln. 10--- Employees' Old-Age Benefits Institution Operating Manual Ch. 2, Cls. Nos. 02.4.3 & 02.05.2--- Constitution of Pakistan, Arts. 25 & 184(3)---Constitutional petition under Art. 184(3) of the Constitution against illegal appointments in Employees Old Age Benefits Institutions (EOBI) based on political influence, nepotism and cronyism---Report of Fact Finding Committee constituted by management of EOBI disclosed the mismanagement, corruption, nepotism and politicising of the disputed appointments, which were made in a mala fide manner, thereby crushing the merit criteria in a public…
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