| Citation(s) |
|---|
| 2020 SLG 1734 2020 SLD 1734 2020 PLC 668 |
Peshawar High Court
Writ Petition No. 2308-P of 2018, decision Dated: 24-09-2019, hearing Date : 24-09-2019.
LAL, JAN KHATTAK, JUSTICE AHMAD ALI, JUSTICE
Muhammad Naveed Akhtar for Petitioners. Muhammad Asghar Khan Kundi, D.A.G. for
Respondents.
Writ Petition No. 2308-P of 2018, decision Dated: 24-09-2019, hearing Date : 24-09-2019.
LAL, JAN KHATTAK, JUSTICE AHMAD ALI, JUSTICE
Muhammad Naveed Akhtar for Petitioners. Muhammad Asghar Khan Kundi, D.A.G. for
Respondents.
TAJ MUHAMMAD KHAN AND OTHERS
VS
GOVERNMENT OF PAKISTAN AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
(a) Civil service--- ----Non-Management Trainee Officers of a Bank statutory body, sought equal pay and perks which had been allowed to the Management Trainee Officers of the Bank---Discrimination---Effect---National Bank of Pakistan enhanced salary package for Management Trainee Officers---Earlier employees of the Bank filed constitutional petition seeking same salary package having been allowed to the Management Trainee Officers, which petition was allowed---Contention of petitioners was that there was no difference in the nature of job of both, the Management Trainee Officers and non-Management Trainee Officers, and they were entitled for equal pay and perks---Validity---Non-Management Trainee Officers and Management Trainee Officers possessed the contemporary qualification, performed same duties and could be transferred and posted vice each other and they had similar grade---National Bank of Pakistan being a statutory body could not be allowed to create artificial distinction or classification between Management Trainee Officers and non-Management Trainee Officers merely to discriminate them in terms of salary package---Non-Management Trainee Officers were to be treated like Management Trainee Officers, in circumstances---Authorities were directed to treat the petitioners at par with Management Trainee Officers---Constitutional petition was allowed, in circumstances. PLD 1990 SC 686; Tara Chand and others v. Karachi Water and Sewerage Board Karachi and others 2005 SCMR 499; State Bank of Pakistan and others v. Mst. Mumtaz Sultana and others 2010 SCMR 421; Government of Punjab, through Secretary Education, Civil Secretariat, Lahore, and others v. Sameena Parveen and others 2009 SCMR 01 and Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185 rel. (b) Constitution of Pakistan--- ---Art. 199---Constitutional petition---Laches, doctrine of---Applicability---Bar of laches did not apply in cases where the relief claimed was based on recurring cause of action. (c) "Judgment in rem" and "Judgment in personam"--- ----Distinction and scope. The terms 'in rem' and 'in personam' are of Roman Law used in…
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