| Citation(s) |
|---|
| 2020 SLG 2349 2020 SLD 2349 2020 PLC 1140 |
Lahore High Court
Writ Petition No. 6235 of 2020, decided on 9th June, 2020.
SHAKIL-UR-REHMAN KHAN, JUSTICE
M. Fayyaz Mansab Sukhera for Petitioner. Muhammad Shahid Riaz, Assistant Advocate General Punjab for
Respondent.
Writ Petition No. 6235 of 2020, decided on 9th June, 2020.
SHAKIL-UR-REHMAN KHAN, JUSTICE
M. Fayyaz Mansab Sukhera for Petitioner. Muhammad Shahid Riaz, Assistant Advocate General Punjab for
Respondent.
ASIF NAWAZ
VS
CHAIRMAN, PUNJAB VACATIONAL TRAINING COUNCIL AND 4 OTHERS
Law:
Section:
(a) Interpretation of statutes--- ----Statutory Rules and Regulations---Delegated legislation --- Determination of nature of delegated legislation in form of Rules and Regulations --- Statutory and non-statutory Rules and Regulations --- Scope---- Determination as to whether Rules or Regulations were statutory or otherwise, was not solely to be based on whether their framing required approval of Federal Government but rather it was nature and area of efficacy of such Rules / Regulations which determined their status --- Rules dealing with instructions for internal control or management were to be treated as non-statutory Rules while those whose area of efficacy was broader and / or complimentary to parent statute in matters of crucial importance were to be treated as statutory. Muhammad Zaman and others v. Government of Pakistan through Secretary, Finance Division (Regulation Wing), Islamabad and others 2017 SCMR 571; Pakistan Defence Officers Housing Authority v. Mrs. Itrat Sajjad Khan and others 2017 SCMR 2010 and Shafique Ahmed Khan and others v. NESCOM through Chairman, Islamabad and others PLD 2016 SC 377 rel. (b) Punjab Vocational Training Council Act (VIII of 1998)--- ----Ss.10, 13 14---Punjab Vocational Training Council Employees Service Regulations 2014, Regln. 11---Punjab Vocational Training Council Rules, 1998 Rr. 8 3---Constitution of Pakistan, Arts. 212 199---Constitutional jurisdiction of High Court---Scope---Transfer / posting of employee---Bar to Constitutional jurisdiction of High Court under Art. 212 of Constitution---Employees of Punjab Vocational Training Council---Scope---Petitioner, an employee of Punjab Vocational Training Council impugned his transfer / posting to another city, inter alia, on ground that such order of transfer was made without lawful authority---Validity---Prima facie, employees of Punjab Vocational Training Council were civil servants and their service matters were to be dealt with under the laws relevant to civil service---Transfer and postings were terms and conditions of service and Constitutional jurisdiction of High Court was therefore barred in the present matter---High Court observed that petitioner may approach…
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