Law: Constitution of Pakistan, 1973

Section: 199

Law: Sacked Employees (Reinstatement) Ordinance, 2010

Section: 4(a)(b)

Constitution of Pakistan--- ----Art. 199---Saked Employees (Re-instatement) Act (XXII of 2010), S.4(b)---Re-instatement on orders of the High Court---Issuance of writ by the High Court against another High Court---Scope---High Court could not issue a writ against another Bench of same High Court or against another High Court with regard to an order regarding re-instatement in service passed in judicial capacity. PLD 1976 SC 315 and 2011 PLC (C.S.) 1465 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD EJAZ SWATI, J.---- The petitioner Saeed Ahmed in Constitutional Petition (C.P) No. 263 of 2013 was inducted by the respondent National Highway Authority (NHA) as Inspector (BS-16) on contract basis for two years vide appointment order dated 13th August 1996. Whereas, the petitioner Pervaiz Ahmed in C.P. No. 913 of 2013 was appointed as Assistant Director (BS-17) on contract basis through appointment order dated 10th April 1996. While the petitioner Naqeebullah in C. P. No. 41 of 2014 was appointed as Inspector (BS-16) through appointment order dated 20th March 1996. 2. The respondents vide office order dated 14th December 1996 terminated the services of the petitioners. 3. On promulgation of Sacked Employees (Re-Instatement) Act No.XXII of 2010 (SERA, 2010), for the purpose of re-instatement to persons, who were appointed in a corporation service or autonomous or semi-autonomous bodies or in Government Service during the period from the 1st day of November, 1993 to the 30th November, 1996 and were dismissed, removed or terminated from service during the period from 1st day of November, 1996 to the 12th day of October, 1999 (both days inclusive). 4. Pursuant to section 4(a) of the SERA, 2010, the respondents vide office order dated 15th January 2011 (1st order), the sacked employees of NHA were appointed in regular strength of National Highway Authority on one scale higher to their substantive scale/grade with three years benefits with effect from the date of enactment of SERA, 2010, whereby the petitioner Saeed Ahmed (in C.P. No.363 of 2013) was appointed as Inspector (BS-17), whereas the petitioner Pervaiz Ahmed (in C.P. No. 913 of 2013) was appointed as AD Engineer…

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