Case Details

Citation(s)
2023 SLG 2491 2023 SLD 2491 2023 PLJ 525
Supreme Court of Pakistan
C.Ps. No. 596 to 598 of 2021, decided on 8.5.2023. (Against Judgment dated 01.12.2020 passed by the Peshawar High Court, Mingora Bench (Dar-ul-Qaza), Swat in W.P. Nos.1043-M to 1045-M/2018).Date of hearing: 8.5.2023.
Present: SARDAR TARIQ MASOOD, AMIN-UD-DIN KHAN AND MUHAMMAD ALI MAZHAR, JJ.
Hafiz S.A. Rehman, Sr. ASC for Petitioners. N.R for
Respondents.

NATIONAL DATABASE AND REGISTRATION AUTHORITY (NADRA) through its Chairman, Islamabad and others--Petitioners

VERSUS

JAWAD KHAN and 2 others--Respondents

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Post of customer service executive was advertise--Appointment as Data entry operators--Writ petition--Allowed--Direction to--Contract appointment--Maintainability--Respondents had applied for position of CSE and qualified test and interview but they were offered post of DEO without any rhyme or reason, which is a violation of terms and conditions of recruitment process--Neither respondents were terminated employees, nor did they challenge any dismissal or termination order from service, nor did they seek any relief from High Court for regularization of their contractual services into permanency, rather they only invoked writ jurisdiction for appointment as CSEs for which they applied and fulfilled criteria and not as DEOs, for which High Court not only justly entertained petition, but also rightfully granted relief to redress grievance of respondents--Petitions dismissed. Doctrine of legitimate expectation-- ----The doctrine of legitimate expectation connotes that a person may have a reasonable expectation of being treated in a certain way by administrative authorities owing to some uniform practice or an explicit promise made by concerned authority--This doctrine is basically applied as a tool to watch over actions of administrative authorities and in essence imposes obligations on all public authorities to act fair and square in all matters encompassing legitimate expectation. Ref. 2022 SCMR 694. Doctrine of promissory estoppel-- ----In present set of circumstances doctrine of promissory estoppel is also reminiscent and reverberating which is a well-known legal principle whereby a promise is enforceable by law, even if made without formal consideration, as when a promisor has made a promise to a promise who then relies on that promise to his subsequent disadvantage and impairment--This tenet precludes promisor from repudiating promise. PLD 2021 SC 320, PLD 2008 SC 476 & 2002 SCMR 510 ref. Constitution of Pakistan, 1973-- ----Arts. 3 & 38--Obligation of state--Article 3 of Constitution of Islamic Republic of Pakistan, 1973 (“Constitution”) casts an unavoidable and inescapable obligation upon State to…
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