| Citation(s) |
|---|
| 2021 SLG 1066 2021 SLD 1066 2021 PLC 434 |
Peshawar High Court
Writ Petition No. 1223-D with C.M. No. 1382-D of 2018, decided on 19th February, 2020.
ABDUL SHAKOOR, JUSTICE, SAHIBZADA ASADULLAH, JUSTICE
Muhammad Anwar Awan for Petitioner. Additional Advocate General along with Dr. Imran Shah representative for
Respondent.
Writ Petition No. 1223-D with C.M. No. 1382-D of 2018, decided on 19th February, 2020.
ABDUL SHAKOOR, JUSTICE, SAHIBZADA ASADULLAH, JUSTICE
Muhammad Anwar Awan for Petitioner. Additional Advocate General along with Dr. Imran Shah representative for
Respondent.
MST. NAJMUNNISA
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY EDUCATION
Law: Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act, (XII of 2011)
Section: 3
Law: Succession Act, 1925
Section: 15,16
(a) Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act (XII of 2011)--- ----S.3---Succession Act (XXXIX of 1925), Ss.15 16---Appointment of primary school teachers---Domicile acquired by woman on marriage---Wifes domicile during marriage---Scope---Petitioners applied against the post of primary school teacher for which inter alia the eligibility criteria was that the candidate must be the permanent resident of the Union Council where the school was located---Contention of the department was that the petitioners belonged to other Union Councils, therefore, their names were not considered for their appointment in the Union Councils, where they had applied---Validity---Permanent place of residence of the petitioners according to their CNIC were the Union Councils in which the posts were advertised but before interview they were married to persons who were residents of other Union Councils---Petitioners were issued fresh CNICs and their permanent place of residence was changed---Married women normally followed the domicile of her husband during subsistence of the marriage---Constitutional petitions were dismissed. Dr. Mrs. Munawar Zaheen v. The Secretary Punjab Public Service Commission, Lahore and 2 others PLD 1974 Lah. 36 rel. (b) Words and phrases--- ----Domicile---Meaning. The place at which a person has been physically present and that the person regards as home; a persons true fixed, principal and permanent home, to which that person intends to return and remain even though currently residing elsewhere. Person has a settled connection with his or her domicile for legal purposes, either because that place is home or because law has so designated that place. Blacks Law Dictionary (Eighth Addition) rel. ORDER SAHIBZADA ASADULLAH, J.--- Through this single judgment, we intend to decide this and connected Writ Petition No.113-D/2019 as both these writ petitions involve the same question of law. For the purposes of passing the judgment, the instant writ petition is being taken into consideration 2. By virtue of these petitions filed under Article 199 of the Constitution of Islamic…
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