| Citation(s) |
|---|
| 2021 SLG 2884 2021 SLD 2884 2021 PLC 1546 |
Peshawar High Court
Writ Petition No.3894-P of 2018, decided on 16th June, 2021.Date of hearing: 16th June, 2021.
Before Rooh ul Amin Khan and Syed Muhammad Attique Shah, JJ
Muhammad Ijaz Sabi for Petitioner. Sardar Ali Raza, A.A.G. and Badshah Rehman for
Respondents.
Writ Petition No.3894-P of 2018, decided on 16th June, 2021.Date of hearing: 16th June, 2021.
Before Rooh ul Amin Khan and Syed Muhammad Attique Shah, JJ
Muhammad Ijaz Sabi for Petitioner. Sardar Ali Raza, A.A.G. and Badshah Rehman for
Respondents.
JUNAID AHMAD
VS
SECRETARY LOCAL COUNCIL BOARD, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR and 10 others
Law: Constitution of Pakistan, 1973
Section: 199
(a) Civil Service--- ----"Nomenclature"---Connotation---Word "nomenclature" comes from Latin word 'nomenclatera' which uses for 'the assigning of names'---In service matters, it is name or designation of post held by an employee during service---Nomenclature is always used in departments for pulling apart one post from another. Merriam Webster Dictionary rel. (b) Constitution of Pakistan--- ----Art.199---Constitutional petition---Civil service---Nomenclature, change of---Scope---Petitioner, employee of Tehsil Administration, was aggrieved of refusal by authorities to change nomenclature of the post held by him---Plea raised by petitioner was that nomenclature of posts held by other officials were changed---Validity---Under no provision, Tehsil Municipal Officer was vested with power to change nomenclature of any post or was authorized to create or abolish or upgrade a post in Tehsil Municipal Administration without sanction and prior approval of Secretary Local Council Board--- Change of nomenclature of some post without any law and procedure was not only nullity but also discriminatory on the part of Tehsil Municipal Authority---High Court declared orders in terms of change of nomenclature of different employees void ab-initio, and issued without lawful authority---High Court directed the authorities to rectify the wrong and remove inequities amongst employees and treat them in accordance with policy of 2019--- Constitutional petition was disposed of accordingly. JUDGMENT ROOH-UL-AMIN KHAN, J.----By invoking the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Junaid Ahmad, the petitioner, seeks issuance of the following writ:- (i) To declare the act of the respondents to change the nomenclature of the employees from one post to another, as illegal, unlawful and against the directions of this Court vide judgment dated 22.02.2017, rendered in Writ Petition No.2422-P/2016, consequently, all such changes in the nomenclature made in the cases of colleagues of the petitioner be reverted; or (ii) In alternative the respondents may be directed also to change the nomenclature of the petitioner from…
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