| Citation(s) |
|---|
| 2022 SLG 385 2022 SLD 385 2022 PLC 94 |
Peshawar High Court
Writ Petitions Nos.1043-M, 1044-M and 1045-M of 2018, decision dated: 1st December, 2020. hearing date: 1st December, 2020.
ISHTIAQ IBRAHIM, JUSTICE, WIQAR AHMAD, JUSTICE
Fawad Ahmad, Legal Officer for NADRA/
Respondents.
Writ Petitions Nos.1043-M, 1044-M and 1045-M of 2018, decision dated: 1st December, 2020. hearing date: 1st December, 2020.
ISHTIAQ IBRAHIM, JUSTICE, WIQAR AHMAD, JUSTICE
Fawad Ahmad, Legal Officer for NADRA/
Respondents.
JAWAD KHAN AND OTHERS
VS
NATIONAL DATABASE AND REGISTRATION AUTHORITY (NADRA) THROUGH CHAIRMAN AT ISLAMABAD AND OTHERS
Law: National Database and Registration Authority Ordinance, 2000
Section: 3&35
(a) National Database and Registration Authority Ordinance (VIII of 2000)--- ----Ss.3 35---Constitution of Pakistan, Art.3---Exploitation, elimination of---Non-statutory ruless participated in process of recruitment for specific posts but authorities appointed them for some other posts lower in grade--- Plea raised by Authority was that petition was not maintainable as its service rules were non-statutory--- Validity--- State authorities, under Art. 3 of the Constitution were to ensure elimination of all forms of exploitation and gradual fulfillment of fundamental principles, from each according to his ability, to each according to his work--- Petitioners were not treated fairly over the years and unfair treatment of petitioners at the hands of employer in public sector domain was not at all acceptable--- National Database and Registration Authority was performing governmental functions, directly under the authority of Federal Government which was evident from S.3 of National Database and Registration Authority Ordinance, 2000--- National Database and Registration Authority was amenable to Constitutional jurisdiction of High Court--- High Court directed the Authority to treat petitioners similar to other officials--- High Court declared that petitioners were appointed to the posts for which they were tested and interviewed with effect from the date of their appointment---Constitutional petition was allowed accordingly. 1995 SCMR 650; 2005 SCMR 100; Umar Baz Khan through L.HRs v. Syed Jehanzeb and others PLD 2013 SC 268; 2016 SCMR 1299; 2016 SCMR 2146; 2014 PLC (C.S.) 987; 2017 CLC 1002; 2017 PLC (C.S.) 1270; 2018 PLC (C.S.) 133; 2018 PLC (C.S.) 292; 2019 PLC (C.S.) 1139; Dr. Shamsher Ali Khan and 27 others v. Government of Khyber Pakhtunkhwa through Secretary Finance and 2 others 2019 MLD 87; Hameed Akhtar Niaz v. The Secretary Establishment Division, Government of Pakistan and others 1996 SCMR 1185; Government of Punjab, through Secretary Education Lahore and others v. Sameena Parveen and others 2009 SCMR 01; 2017 SCMR 571; Chairman NADRA Islamabad through Chairman and another v. Muhammad Ali Shah and others 2017 SCMR 1979 and Maj. (Retd.) Syed Muhammad…
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