Case Details

Citation(s)
2020 SLG 545 2020 SLD 545 2020 PLC 204
Sindh High Court
C.P. No. D-4716 of 2016, decision Dated: 15-03-2018, hearing Date : 8-03-2018
IRFAN SAADAT KHAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Muhammad Arshad Khan Tanoli for
Respondents Nos. 2 to 4. Zohaib Khalid for
Respondents Nos. 5 to 9. Ali Safdar Deeper for
Respondent No.10.

ASIF HUSSAIN

VS

THE FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF PORTS AND SHIPPING AND 9 OTHERS

Law: Port Qasim Authority Employees Service Regulations, 2011

Section: 24

Law: Port Qasim Authority Act, 1973

Section: 50

(a) Port Qasim Authority Employees Service Regulations, 2011--- ----Regln. 24---Port Qasim Authority Act (XLIII of 1973), S. 50--- Employee of Port Qasim Authority---Promotion against the post of Electrician---Requisite qualification being B-Tech (Elect) or Diploma of Associate Engineer (Elect)---Contention of petitioner was that he applied for the post in question but he was not considered and respondents had been appointed against the Rules---Validity---Respondents had Diploma of Associate Engineer in (Electric) which was the basic criteria for appointment on the post in question---Merit did include qualification for certain posts in statutory/public sector organization---Power to prescribe or modify the said criteria did vest with the Federal Government for appointment in public sector companies---Court was to refrain from interfering in policy making domain of the Executive---Board of Port Qasim Authority was empowered to appoint such officers and servants as it might consider necessary for the performance of its functions on such terms and conditions as it might deem fit---Chairman Port Qasim Authority was competent to approve certain changes of the permanent post in pay scale on fulfillment of other formalities prescribed by the Board---Issue involved in the present matter was a policy decision taken by the competent authority---No illegality or mala fide had been pointed out in the decision with regard to appointment of respondents---Constitutional petition was dismissed, in circumstances. Muhammad Akram v. Selection Committee 2003 CLC 18 ref. Ghulam Rasool v. Government of Pakistan and others PLD 2015 SC 6 ref. (b) Constitution of Pakistan--- ----Art. 199---Powers and Scope of High Court to issue writ of quo-warranto. Salahuddin and 2 others v. Frontier Sugar Mills and Distillery Ltd. Takht Bhai and 10 others PLD 1975 SC 244 and Barrister Sardar Muhammad v. Federation of Pakistan and others PLD 2013 Lah. 343 rel. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.---- Through the instant Petition, the Petitioner has prayed for the following relief(s):-- a. To declare the Office Order dated 23.05.2016 thereunder Respondents Nos.5 to 10 are…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492