Law: Constitution of Pakistan 1973

Section: 199

Case Summary The petitioner, a highly qualified professional, was appointed as a Procurement Specialist (BPS-18) on a contract basis for the project "Tele-Farming and Digital Services Platform" under the Agriculture Extension Wing, Khyber Pakhtunkhwa. Following a meeting of the Pre-Provincial Development Working Party (Pre-PDWP), the project was placed under Cost Reduced Scope (CRS), leading to a revised PC-1. In this revision, the petitioner’s post was abolished while other positions were retained. The petitioner challenged this decision under Article 199 of the Constitution, alleging that the abolition was arbitrary, mala fide, and detrimental to the project's functioning. The High Court dismissed the writ petition, holding that the restructuring of projects, financial rationalization, and the abolition or creation of posts are matters of administrative policy and fiscal prudence. The Court ruled that such decisions fall squarely within the domain of the Executive. As the petitioner was a contractual employee and the decision was approved by competent forums (PDWP and Finance Department), no vested or fundamental right was infringed. The Court emphasized that judicial review cannot be used to second-guess the wisdom or efficacy of government policy. Tagline High Courts will not interfere in executive policy decisions regarding the restructuring of projects or the abolition of posts under Article 199 unless such actions are demonstrably arbitrary, illegal, or mala fide. ORDER; INAM ULLAH KHAN, J.- Through this petition under Article 199 of the Constitution, the petitioner prayed for the following relief: In view of the above, it is humbly prayed that this Hon’ble Court may graciously be pleased to: Declare the decision of omitting the post of Procurement Specialist in the revised PC-1 of the Project as illegal, unlawful, without any lawful authority, void-ab-initio and ineffective upon the rights of the petitioner and set-aside the same. Direct the respondents to treat the petitioner in accordance with law. Direct the respondents to consider the petitioner for the post of procurement Specialist in the project for the remaining life of…