| Citation(s) |
|---|
| 2022 SLG 1262 2022 SLD 1262 2022 PLC 930 |
Peshawar High Court
Writ Petition No.371-P of 2020, decided on 8th December, 2020.
MUHAMMAD NASIR MEHFOOZ AND SYED ARSHAD ALI, JJ
Munir Hussain Lughmani for Petitioners. Qazi Babar Irshad, Additional Attorney General, Muhammad Riaz Khan, Additional Advocate General, Barrister Awais Babar and Farmanullah along with Muhammad Azeem-ush-Shan, Section Officer (ORG-PTDC) Cabinet Division
Writ Petition No.371-P of 2020, decided on 8th December, 2020.
MUHAMMAD NASIR MEHFOOZ AND SYED ARSHAD ALI, JJ
Munir Hussain Lughmani for Petitioners. Qazi Babar Irshad, Additional Attorney General, Muhammad Riaz Khan, Additional Advocate General, Barrister Awais Babar and Farmanullah along with Muhammad Azeem-ush-Shan, Section Officer (ORG-PTDC) Cabinet Division
MUHAMMAD SHAFIQUE SHAH and others
VS
FEDERATION OF PAKISTAN through Secretary Cabinet Division, Islamabad and others
Law:
Section:
Civil service--- ----Absorption in service---Petitioners were regular employees of Pakistan Tourism Development Corporation (PTDC) who sought their absorption in other offices of Provincial Government---Validity---Provincial Government was not bound by any law to absorb employees of PTDC who were being laid off---When PTDC offered retiring benefits to petitioners then they had no case of their absorption in services of Province---Provincial Government had neither agreed with management of PTDC nor evolved any mechanism for absorption of employees of PTDC rather employees of Tourism Department of Khyber Pakhtunkhwa were parked in surplus pool---High Court declined to interfere in the matter as grievance of petitioners had already been addressed by PTDC---Constitutional petition was dismissed, in circumstances. Munir Hussain Lughmani for Petitioners. Qazi Babar Irshad, Additional Attorney General, Muhammad Riaz Khan, Additional Advocate General, Barrister Awais Babar and Farmanullah along with Muhammad Azeem-ush-Shan, Section Officer (ORG-PTDC) Cabinet Division and Asad Bilal Jehangir, Manager (PA) PTDC, Islamabad for Respondents. Date of hearing: 8th December, 2020. JUDGMENT SYED ARSHAD ALI, J.----Petitioners, Muhammad Shafique Shah and others, through the instant constitutional petition, seek the following relief: “In the light of above mentioned facts and circumstances it is humbly prayed that on acceptance of instant writ petition appropriate writ may kindly be issued to: 1) That, respondents be directed to treat the petitioners in accordance with law and not otherwise: 2) Declare decision made in 88th meeting of Board of Directors held on 17.12.2019 regarding the lay off the employees as against the law, unconstitutional, without any legal authority, based on mala fide and of no legal effect as against the rights of the petitioners. 3) That, directions may kindly be issued to the respondents to retain the petitions in the services of PTDC as other employees have been retained by them. 4) That, further directions may kindly be issued that if all properties of PTDC are to be transferred to the respondents Nos. 4 and 5 the same should not be transferred until…
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