| Citation(s) |
|---|
| 2023 SLG 586 2023 SLD 586 2023 SCMR 742 |
Supreme Court of Pakistan
C.P. No. 4729 of 2019, decided on 5th December, 2022. (Against the judgment of Islamabad High Court, Islamabad Dated 17.10.2019, passed in Writ Petition No.218 of 2016). Date of hearing: 5th December, 2022.
Present: Syed Mansoor Ali Shah and Ayesha A. Malik, JJ
Dr. G.M. Chaudhary, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Sattar Awan, DPG, NAB, Hafiza Mehnaz Nadeem Abbasi, S.P., NAB, Imran Sohail, Director (HRM) NAB Hqrs. and Adnan Nadeem, Dy. Director, NAB for Res
C.P. No. 4729 of 2019, decided on 5th December, 2022. (Against the judgment of Islamabad High Court, Islamabad Dated 17.10.2019, passed in Writ Petition No.218 of 2016). Date of hearing: 5th December, 2022.
Present: Syed Mansoor Ali Shah and Ayesha A. Malik, JJ
Dr. G.M. Chaudhary, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Sattar Awan, DPG, NAB, Hafiza Mehnaz Nadeem Abbasi, S.P., NAB, Imran Sohail, Director (HRM) NAB Hqrs. and Adnan Nadeem, Dy. Director, NAB for Res
Peerzada WAQAR ALAM---Petitioner
VERSUS
NATIONAL ACCOUNTABILITY BUREAU (NAB) through Chairman, Islamabad and others-----Respondents
Law: Disabled Persons (Employment and Rehabilitation) Ordinance, 1981
Section: 10
(a) Disabled Persons (Employment and Rehabilitation) Ordinance (XL of 1981)--- ----S. 10--- United Nations Convention on Rights of Persons with Disabilities (CRPD), Art. 27---Persons With Disabilities (PWDs)---National Accountability Bureau (NAB)---Quota for Persons with Disability---Under section 10 of the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 establishments (including NAB) are to employ persons with disabilities not less than 3% of the total number of persons employed at any time by the said establishment, and there is no limitation or distinction of grade in allocating 3% quota for persons with disabilities in any organization---Quota of 3% for persons with disability applies across the board in an organization, covering all tiers of posts in an organization and goes upto to the highest post including that of the Chairman, NAB---Said quota for PWDs must co-exist alongside the general category of posts---Given the variety of posts with different qualifications, skill sets, and descriptions it is only appropriate that the disability quota be apportioned and allocated against the sanctioned strength of various categories which have a separate selection criterion---Supreme Court directed NAB to immediately comply with the provisions of the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 and earmark posts representing 3% quota for PWDs across the institution at all tiers. Malik Ubaidullah v. Government of Punjab and others PLD 2020 SC 599 = PLC 2021 (C.S.) 65 ref. (b) Disabled Persons (Employment and Rehabilitation) Ordinance (XL of 1981)--- ----S. 10---Constitution of Pakistan, Arts. 9, 18, 25---United Nations Convention on Rights of Persons with Disabilities (CRPD), Art. 27---Persons With Disabilities (PWDs)---Employment quota---Employment of PWDs is not a charity but a right---Constitutional values of equality and social justice, the fundamental rights to life, to carrying out a profession and to non-discrimination also extend to PWDs and make no distinction between PWDs and others--- Any law or policy relating to PWDs is rights-based and is not to be viewed as charity or pity or mercy---Universality, indivisibility,…
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