| Citation(s) |
|---|
| 2026 SLD 3470 |
W.P. No. 735 of 2022
Presented By: (ARBAB MUHAMMAD TAHIR) JUDGE
Petitioner by : Ch. Muhammad Asad Raan, Advocate
Respondents by : Syed Nazar Hussain Shah, learned Assistant Attorney-General. Barrister Ahmed Pervez, Advocate for respondents No.2 to 4/PEMRA. Hafiz Arfat Ahmed, Auf Abdur Rehman and Muhammad Jalal Haider, Advocates for respondents No.5 to 11. Sheikh Sahibzada Ahmed, Director (Legal), PEMRA. Date of Hearing : 21.06.2022.
Sarfraz Ali.
VERSUS
Federation of Pakistan through Secretary Information and Broadcasting & 10 Others.
Law: Constitution of Pakistan 1973
Section: 199, 4, 25
Law: PEMRA Ordinance, 2002
Section: 4(3), 11, 13
Summary
The petitioner, Sarfraz Ali, challenged PEMRA's promotion order dated 17.01.2022, alleging that his juniors were promoted from Deputy General Manager (PS-08) to Director (PS-09) while he was ignored despite seniority and outstanding performance reports. He sought promotion with retrospective effect and consequential benefits.
PEMRA objected to the maintainability of the writ petition, arguing that its Employees Service Regulations, 2021 are non-statutory, as they were framed by PEMRA itself and not by the Federal Government. Consequently, disputes relating to service conditions fall within the master-servant relationship and cannot be enforced through constitutional jurisdiction under Article 199.
The Islamabad High Court upheld the preliminary objection, holding that the Regulations lacked statutory force and therefore could not be enforced through a writ petition. Since the petition related solely to service matters governed by non-statutory regulations, the Court declared the petition not maintainable and dismissed it without examining the merits of the promotion dispute.