Law: National Database and Registration Authority Ordinance, 2000

Section: 44,45

National Database and Registration Authority Ordinance (VIII of 2000)--- ----Ss. 44 & 45---National Database and Registration Authority Employees (Service) Regulations, 2002---Employees of National Database and Registration Authority ("NADRA") were not considered for promotion---Constitutional petition filed by employees challenging the said act of Authority---Maintainability---Relevant Service Regulations and Promotion Policy were non-statutory---Terms and Conditions of service of employees of NADRA including their promotion police vide Notification dated 22.01.2004, were also framed by the Authority under S. 45 of the Ordinance, 2000 (and not by the Federal Government under S. 44 of the Ordinance), therefore the same were non-statutory---Since Regulations of NADRA were non-statutory, therefore constitutional petition for enforcement of such non-statutory regulations or promotion policy, was not maintainable---Constitutional petition being not maintainable was dismissed. Maj. (Retd.) Syed Muhammad Tanveer Abbas v. Federation of Pakistan through Secretary Ministry of Interior and another 2019 SCMR 984; Chairman NADRA, Islamabad through Chairman, Islamabad and another v. Muhammad Ali Shah and others 2017 SCMR 1979; Muhammad Zaman and 14 others v. Government of Pakistan through Secretary, Finance Division, (Regulation Wing), Islamabad and others 2017 SCMR 571; P. T. C.L. and others v. Masood Ahmad Bhatti and others 2016 SCMR 1362; Zarai Taraqiati Bank Limited and others v. Said Rehman and others 2013 SCMR 642 and Pakistan Defence Officers' Housing Authority and others v. Lt. Col. Syed Jawaid Ahmad 2013 SCMR 1707 rel. JUDGMENT ABID AZIZ SHEIKH, J.----This constitutional petition has been filed seeking following relief:- I. To direct the respondents to act in accordance with law. II. To direct the respondents to consider the petitioners for promotion as Junior Executive/Data Entry Operators (BPS-7) and Superintendent (BPS-14). III. To declare the recruitment process being made by respondents Nos.2 and 3/NADRA are in violation of promotion policy/promotion quota. 2. Relevant facts are that petitioners are regular employees of respondent No.2 (NADRA). The…

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