Case Details

Citation(s)
2025 SLG 4355 2025 SLD 4355 = 2025 PLC 718
Lahore High Court
Writ Petition No.60763 of 2023, heard on 16th May, 2024.
Before Abid Aziz Sheikh, J
  Nadeem Zuberi v. Civil Aviation Authority through Director General 2023 PLC (C.S.) 1133 distinguished.       Amir Shahzad and 3 others v. Federation of Pakistan and 3 others 2024 PLC (C.S.) 33 rel.       Fida Hussain Rana for Petitioners.       Muhammad Ali Farooq for
Respondents.       Date of hearing: 16th May, 2024.

WAJAHAT HUSSAIN HUSSAINI and 3 others

VERSUS

COMMISSIONER PESSI and 4 others

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Employees' Social Security Ordinance (X of 1965)---

----S. 80(2)(viii) & 80(x)---Punjab Employees Social Security Institution (Revised Service) Regulations, 2008---Constitution of Pakistan, Art. 199---Constitutional petition---Non-statutory regulations---Petitioners were employees of respondent / Institution and were aggrieved of amendment made by Governing Body in Punjab Employees Social Security Institution (Revised Service) Regulations, 2008---Validity---Although Governing Body members were appointed by Government but they were not the Government---Punjab Employees Social Security Institution (Revised Service) Regulations, 2008 were framed under the provision of S. 80 of Punjab Employees Social Security Ordinance, 1965 by the Governing Body and not by Provincial Government or with approval of Provincial Government---As such Punjab Employees Social Security Institution (Revised Service) Regulations, 2008 did not have status of statutory Regulations---Governing Body under S. 80(2)(viii) and (x) of Punjab Employees Social Security Ordinance, 1965 had ample power to make regulations for employment of its officer and staff and could also frame regulations for their transfer, promotion, dismissal and other matters---Such power to frame regulations included the power to amend Punjab Employees Social Security Institution (Revised Service) Regulations, 2008---Amendment in Punjab Employees Social Security Institution (Revised Service) Regulations, 2008 was not without jurisdiction---Petitioners were not appointed under un-amended Regulations, hence no vested right had accrued in their favour to challenge amendment in Punjab Employees Social Security Institution (Revised Service) Regulations, 2008---Constitutional petition was dismissed, in circumstances.

     

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