| Citation(s) |
|---|
| 2020 SLG 2366 2020 SLD 2366 2020 PLC 1287 |
Lahore High Court
I.C.A. No. 188 of 2016, decided on 9th October, 2019.
MUZAMIL AKHTAR SHABIR, JUSTICE , JAWAD HASSAN, JUSTICE
Malik Muhammad Ali Dhol for Appellant. Ch. Saleem Akhtar Warraich for
Respondents.
I.C.A. No. 188 of 2016, decided on 9th October, 2019.
MUZAMIL AKHTAR SHABIR, JUSTICE , JAWAD HASSAN, JUSTICE
Malik Muhammad Ali Dhol for Appellant. Ch. Saleem Akhtar Warraich for
Respondents.
MUSTAFA KAMAL
VS
MULTAN ELECTRIC POWER COMPANY LIMITED AND 56 OTHERS
Law:
Section:
Civil service--- ----Claim for appointment against quota reserved for children of in service employees---Appointment criteria---Preferential right of appointment---Intelligible differentia---Scope---Appellant assailed order passed by Single Judge of High Court whereby his constitutional petition was dismissed---Claim of appellant was that he applied for appointment against 20% quota reserved for children of in-service employees but his case was not properly considered---Validity---Appointment was to be made on the basis of inter-se merit of children of employees to be fixed keeping in view the priorities mentioned in para. 1 of the notification in question wherein the children of deceased and retired employees had to be given priority over the children of in-service employees---Appellant was not entitled to be considered for appointment along with or in preference to the said categories and had to be considered when the candidates in the said categories had been exhausted---Notification challenged by appellant was based on a policy decision which could not be called in question through constitutional jurisdiction unless the same was violative of the Constitution Fundamental Rights, law or suffered from illegality, arbitrariness or established mala fides---Reasonable classification had been made by giving priority to the children of employees who no longer remained in service over the children of serving employees which itself was made on the basis of intelligible differentia and reasons for making such classification was beyond the scope of determination by High Court as the said classification was not in conflict with any prevailing law---Intra-court appeal was dismissed. Messrs Dossani Travels (Pvt.) Limited and others v. Messrs Travels Shop (Pvt.) Limited and others PLD 2014 SC 01; Human Rights Case No. 14392 of 2013 (2014 SCMR 220); Secretary Economic Affairs Division, Islamabad and others v. Anwarul Haq Ahmed and others 2013 SCMR 1687 and I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041 ref. ORDER Through this Intra-Court Appeal, the appellant has challenged the order dated…
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