Law:

Section:

(a) Constitution of Pakistan (1973)--Arts. 185(3) & 212---Leave to appeal was granted by Supreme Court to consider; whether the decision of WAPDA in appointing the petitioners as Technical Upper Subordinates was based on determination of fitness or otherwise of the petitioners and whether jurisdiction of High Court was barred under Art.212 of the Constitution. Iqan Ahmed Khurram's case PLD 1980 SC 153 ref. (b) Constitution of Pakistan (1973)--­ ----Arts. 185 & 212---Appointment to the post of Junior Engineer--­Acceptance of appointment letter to the lower post---Employees did not contest the appointment letter issued by the Authority until institution of their Constitutional petitions in High Court---No explanation whatsoever had been offered by and on behalf of the employees on account of their ownvoluntary act of accepting the assignment/appointment as Technical UpperSubordinates---Appeals were dismissed accordingly. Iqan Ahmed Khurram's case PLD 1980 SC 153 distinguished. Mansoor Ali Khan, Advocate Supreme Court with Ahmadullah Faruqi, Advocate-on-Record for Appellants. R.A. Qureshi, Advocate-on-Record for Respondents. Nos. 1 to 3. Respondents Nos.4 to 6: Ex parte. Respondent No.7 (absent). Date of hearing: 16th November, 1998. JUDGMENT CH. MUHAMMAD ARIF, J.---The above appeals by leave of this Court against a common judgment, dated 25-10-1992 dismissing appellants Constitution Petitions Nos.D-751 of 1992, D-727 of 1992 and D-752 of 1992 have arisen in relation to the induction into service of the appellants in Pakistan Water and Power Development Authority, WAPDA for short. Respondents, Member (Power) and Director-General (Personnel), WAPDA were sought by the appellants before the High Court of Sindh to be mandated as below in the Constitution petitions afore-referred:-­ "The petitioners, therefore, humbly pray that the Hon'ble Court may be pleased to-­ (a) hold and declare that the petitioners are legally entitled to be appointed as Junior Engineers (BS-17), w.e.f. the dates the respondents Nos.4 to 14 had been appointed, on the basis of their higher merit than that of the said respondents and also because the vacancies of Junior Engineers (BS-17)…

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