Law: Pakistan Telecommunication (Re-organization) Act, 1996

Section: 41(5), 41(17)

Law: Constitution of Pakistan 1973

Section: 25, 199

Tagline Statutory Character of NTC Service Regulations; Supremacy of Gazetted Rules over Administrative Decisions; and Prohibition of Discrimination in Promotions under Article 25. Summary The petitioners, NTC employees, challenged the denial of promotions under Regulation 2.26 of the 2008 Regulations, which allows for promotion after seven years of stagnation. The NTC argued the petition was not maintainable, claiming the regulations were non-statutory internal instructions and that a Board decision had modified the eligibility criteria. The High Court rejected these arguments, ruling that the Regulations of 2008 are statutory as they met the criteria of being framed under statutory authority, receiving Federal Government approval, and being notified in the Gazette. The Court further held that a Board decision cannot override notified statutory rules and that denying the petitioners a benefit previously granted to others constitutes unlawful discrimination. The NTC was directed to consider the petitioners for promotion from the date of their eligibility. ORDER; INAAM AMEEN MINHAS, J.- Through the instant writ petition, the petitioners have made the following prayer:- Direct respondents No.1 & 2 to promote the petitioners in pursuance to the regulation 2.26 of service rules of 2008 of NTC, w.e.f relevant dates with all financial benefits, without any further delay; Direct respondents No.1 & 2 not to make any change in service rules which adversely affects the rights of the petitioners; No adverse action may be taken against the petitioners during pendency of the instant writ petition; and Any other relief, which this Hon’ble Court deems fit under the circumstances, may graciously be awarded to the petitioners.   Brief facts leading to the filing of the instant writ petition are that respondent No.1/National Telecommunication Corporation (“NTC”) is a Federal Government-owned body established under the Pakistan Telecommunication Re-organization Act, 1996 (“PTRA, 1996”) and is managed by a Board appointed by the Federal Government. The petitioners are employees of NTC serving in different cadres have identical grievance…