Law:

Section:

(a) Jurisdiction--- ----Assumption of---Scope---Authority which has not been given specific power/jurisdiction in respect of any matter cannot assume the same by itself. Allah Rakha (deceased) through L.Rs and others v. Additional Commissioner (Revenue), Gujranwala and others 2020 SCMR 502 rel. (b) Civil service--- ----Seniority, determination of---Jurisdiction---Petitioners were ex-employees of Water and Power Development Authority (WAPDA) who after reorganization of the Authority accepted offers of their employment in different electricity generation / distribution / transmission companies---Plea raised by petitioners was that Pakistan Electric Power Company (PEPCO) had no authority to change service rules framed by WAPDA and could not re-fix seniority of petitioners---Validity---PEPCO could not nominate juniors of petitioners for Middle Management Course---High Court declared such act of authorities as illegal, unlawful and without jurisdiction---High Court directed Federal Government to ensure nomination of prospective participants including petitioners, for Course in question on the basis of seniority finalized by WAPDA in year 2006, in respect of Senior Engineers irrespective of any subsequent policy by PEPCO---PEPCO did not have any authority to deal with terms and conditions of employees who were transferred from WAPDA to different companies---Board of Directors of respective companies had competence to determine terms and conditions of employees of their companies---Terms and conditions of employees transferred from WAPDA to different companies could not be less favorable than their parent department---High Court directed PEPCO authorities to return personal files of employees of companies for determination of their future service prospects---Federal Government was bound to implement Restructuring Reforms regarding framing of rules and regulations by Board of Directors of respective companies regarding terms and conditions of service of employees who were transferred from WAPDA---Any future policy of government or company could not be used to deprive a transferred employee, of a benefit availed by him in his parent department---High Court directed…

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