Law: Khyber Pakistunkhwa Establishment of District Development Advisory Committee Act, (IV of 1989)

Section:

Lyari Development Authority Act (LIV of 1993)--- ----S. 49---Lyari Development Authority Employees (Appointment, Promotion and Transfer) Regulations, 1999---Up-gradation of post, withdrawal of---Petitioners were employees in Finance and Accounts Department of Lyari Development Authority, which had statutory service rules---Petitioners were aggrieved of withdrawal of upgradation of posts of Accounts Officer---Validity---Post of Accounts Officer under Lyari Development Authority Employees (Appointment, Promotion and Transfer) Regulations, 1999, in BS-17 was not an isolated post---Accounts Officers had an avenue for promotion to Senior Accounts Officer / Deputy Director Finance in BS-18---Upgradation of the post of petitioners was also not pursuant to any scheme or policy, rather on the misconception that here was an order of the Supreme Court to the effect such up-gradation but the same did not meet the test laid down by the Supreme Court---Test laid down by the Supreme Court was applicable to the employees of statutory and non-statutory organizations under the control of Government and Lyari Development Authority was such organization---Authorities had rightly withdrawn the orders of upgradation of the posts---High Court declined to interfere in the notification issued by the authorities---Constitutional petition was dismissed in circumstances Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456; Regional Commissioner Income Tax v. Munawar Ali 2017 PLC (C.S.) 1030 and Federal Public Service Commission v. Anwar-ul-Haq 2017 SCMR 890 rel. THIS JUDGMENT DELIVERED BY: ADNAN IQBAL CHAUDHRY, JUSTICE:---.--- The Petitioners are employees in the Finance and Accounts Department of the Lyari Development Authority (LDA), which is a statutory authority under the Lyari Development Authority Act, 1993 with statutory service rules framed with the approval of the Government of Sindh pursuant to section 49 of the said Act. The Petitioners are aggrieved of office orders dated 30-06-2015 and 01-07-2015 issued respectively by the Local Government Department, Government of Sindh, and the LDA, whereby the previous order of up-gradation of the post of the Petitioners was withdrawn.…

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