| Citation(s) |
|---|
| 2020 SLG 139 2020 SLD 139 2020 SCMR 124 |
Supreme Court of Pakistan
Civil Petition No. 3107 of 2018, decision & hearing Dated: 24-10-2019. (On appeal against the judgment of Peshawar High Court, Mingora Bench Dated 28.05.2018, passed in Writ Petition No. 290-M of 2013)
SYED MANSOOR ALI SHAH, JUSTICE YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Nasir Mahmood, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record
Respondent(s) by: Rehman Ullah, Advocate Supreme Court along with Rauf Khattak, A.D (SWD) KPK No.1.
Civil Petition No. 3107 of 2018, decision & hearing Dated: 24-10-2019. (On appeal against the judgment of Peshawar High Court, Mingora Bench Dated 28.05.2018, passed in Writ Petition No. 290-M of 2013)
SYED MANSOOR ALI SHAH, JUSTICE YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Nasir Mahmood, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record
Respondent(s) by: Rehman Ullah, Advocate Supreme Court along with Rauf Khattak, A.D (SWD) KPK No.1.
SAJJAD ALI
VS
VICE CHANCELLOR THROUGH REGISTRAR UNIVERSITY OF MALAKAND AT CHAKDARA, DIR LOWER AND OTHERS
Law: Disabled Persons (Employment and Rehabilitation) Ordinance, 1981
Section: 10,12
Disabled Persons (Employment and Rehabilitation) Ordinance (XL of 1981)--- ----Ss. 10 & 12 [as amended by the Khyber Pakhtunkhwa Disabled Persons (Employment and Rehabilitation) (Amendment) Act, 2012---Establishments to employ disabled persons--- Disability quota, calculation of---Provisions of S. 10 of the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 ('the Ordinance') mandated that not less than two percent of the total number of persons employed by an establishment at any time shall be disabled persons---Under S. 10 of the Ordinance the quota for disabled persons in an establishment was calculated on the basis of the total number of persons employed by the establishment and not on the basis of the number of posts advertised at a given time---To give effect to S. 10, S.12 of the Ordinance must also be given full effect---Under S. 12, a disabled person desirous of getting employed had to ensure that his name was registered with the Employment Exchange of the area---Additionally, the Provincial Council was to assess the nature of functional disability of the person and also as to his aptitude and the nature of work he was fit to do and if the Provincial Council was of the view that the disabled person was fit to work it shall inform the Employment Exchange, indicating the nature of work for which he may be employed---Total quota of 2% calculated on the basis of the fixed number of the employees in an establishment was then given effect through the information collected by the Employment Exchange with the assistance of the Provincial Council---Calculating the quota under S. 10 would not lead to much result if the exercise under S. 12 had not been undertaken, especially regarding the nature of work a disabled person was fit to perform. THIS JUDGMENT DELIVERED BY: SYED MANSOOR ALI SHAH, J.--- Brief facts of the case are that the petitioner applied for the post of Lecturer in the subject of Pharmacy (BS-18) against the disability quota but his request was turned down on the ground that only one post of Lecturer in the subject of Pharmacy was advertised and the two percent quota prescribed under the law for the disabled persons could not be…
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