Law:

Section:

Sarhad Development Authority Act (XI of 1973)--- ----S. 29---Constitution of Pakistan, Art. 185(3)---Non-framing of rules---Service matter---High Court, in exercise of constitutional jurisdiction, struck down notification of promotion of employee against the post of General Manager (Administration) in Basic Scale 19---Validity---Government was required to frame rules pertaining to terms and conditions of services of officers and employees of Sarhad Development Authority---Such omission, prima facie, showed that government, in absence of proposed rules, was regulating service of the Authority by exercising its unstructured discretion in recruitment/ promotion of officers and employees in the Authority--- Supreme Court directed the government of Khyber Pakhtunkhawa to comply with provisions of S. 29 of Sarhad Development Authority Act, 1973--- Supreme Court declined to interfere in passed by High Court as the same would perpetuate injustice---Petition for leave to appeal was dismissed in circumstances. JUDGMENT AMIR HANI MUSLIM, J.---This Petition for leave to Appeal is directed against judgment dated 22-1-2015, passed by the Peshawar High Court, Peshawar, whereby Writ Petition filed by the respondent No.1 was allowed and the Notification of Promotion of the respondent No.9 was struck down. 2. The facts necessary for decision of the present Petition are that the respondent No.1 filed Writ Petition before the Peshawar High Court, praying therein to set aside the Notification of Promotion of the respondent No.9 against the Post of General Manager (Administration) (BS-19) being violative of the Sarhad Development Authority (Appointment of Employees) Rules, 1977 framed under the Sarhad Development Authority Act 1973. The respondent No.1 pleaded in the Writ Petition that he was the senior most BS-18 officer of Managerial Cadre in the Sarhad Development Authority (hereinafter referred to as the Authority) and Promotion of the respondent No.9, who belongs to the Finance Cadre, was against the said Rules. At the relevant time the respondent No.1 was working as Industrial Estate Manager (BPS-18) in the Managerial Cadre in the Export Processing Zone Risalpur and was posted…

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