Law: Banks (Nationalization) Act, 1974

Section: 11(1)

Banks (Nationalization) Act (XIX of 1974)--- ----S.11(1)---Agriculture Development Bank (Staff) Service Regulations, 1961, Regln. 17--- Agriculture Development Bank (Staff) Service Regulations, 2005---Promotion Policy, 1999, Cls. 2 & 3---Promotion of staff--- Board of the Bank---Implementation of judgment passed by Supreme Court--- Respondent-Bank had two categories of employees who were separately being governed by Agriculture Development Bank (Staff) Service Regulations, 1961 and Agriculture Development Bank (Staff) Service Regulations, 2005---Question was with regard to promotion of employees governed by two different Regulations--- Validity--- Competent authority was the Board of respondent Bank and it was not constituted when judgment was rendered by the Supreme Court nor such crucial fact was brought to the notice of Supreme Court---Judgment of Supreme Court could not have been implemented in absence of validly constituted Board---Fate of notifications/memorandums dated 8-4-2015 and 21-4-2015 were dependent on implementation of first limb of the direction i.e. formulation of a policy by competent authority regarding human resource management while second limb was to set a specified timeframe for such purpose---If the competent authority after considering the matter had come to the conclusion that it was not possible to overcome legal hurdles, only then promotion notifications were to be recalled---Failure on the part of Federal Government to constitute a Board delayed implementation of judgment in letter and spirit---Board had been constituted and impediment in implementing the judgment of Supreme Court was removed---High Court directed the authorities to place before newly constituted Board so that directions given by Supreme Court could be considered and appropriate policy decision were taken---High Court set aside the orders passed by the authorities---Constitutional petition was allowed, in circumstances. Zarai Taraqiati Bank Ltd., Islamabad and another v. Syed Shad Muhammad Shah and others Civil Petitions Nos.797 and 834 to 836 of 2018 rel. JUDGMENT ATHAR MINALLAH, CJ.----Through this consolidated judgment, I shall decide the instant petition…

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