| Citation(s) |
|---|
| 2006 SLG 1576 2006 SLD 1576 2006 PLC 77 |
Sindh High Court
Constitution Petitions Nos.D-1369 and D-1530 of 2004, decision dated: 23rd August, 2005.
MUHAMMAD MUJEEBULLAH SIDDIQUI AND KHILJI ARIF HUSSAIN, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Constitution Petitions Nos.D-1369 and D-1530 of 2004, decision dated: 23rd August, 2005.
MUHAMMAD MUJEEBULLAH SIDDIQUI AND KHILJI ARIF HUSSAIN, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
SHER MUHAMMAD KHAN and others
VS
THE SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and 3 others SHER MUHAMMAD KHAN and others vs THE SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and 3 others
Law:
Section:
Constitution of Pakistan (1973)-------Arts. 199, 25 & 27---Constitutional petition---Civilian officers working with Pakistan Army were debarred by Establishment Division and Defence Division of Government of Pakistan to participate in Section Officers Promotional Examination, 2004---Validity---Treatment meted out to the petitioners was discriminatory on the face of it because in a democratic dispensation and a society behaving in rule of law there should be no arbitrary policy, decisions/administrative orders which were discriminatory in nature---All persons placed similarly were entitled to be treated in similar manner---High Court, in circumstances, declared the orders passed by both the departments of the Government, holding the employees working in the Armed Forces Headquarters and its lower formations as not eligible to appear in the Section Officers Promotional Examination, to be discriminatory being violative of Arts. 25 & 27 of the Constitution and directed the concerned departments jointly and severally to treat the petitioners eligible to appear in the Section Officers Promotional Examination by treating them at par with the employees of the Office of Wafaqi Mohtasib Secretariat, Federal Service Tribunal, Federal Public Service Commission and Intelligence Bureau---Public Service Commission was directed to declare the result of all the petitioners immediately and if they qualified the examination to treat them at par with other successful candidates. Sher Muhammad Khan (in person in C.P. No. D-1369 of 2004). Mahmood Hassan for Petitioners (in C.P. No.D-1530 of 2004). Sajjad Ali, D.A.-G. alongwith Syed Asghar Ali Shah, Section Officer, Establishment Division. Date of hearing: 23rd August, 2005. JUDGMENT MUHAMMAD MUJEEBULLAH SIDDIQUI, J.---The issues involved in both the above petitions are common therefore, they were heard together and allowed by a short order dated 23-8-2005 as follows:-- "Heard Sher Muhammad Khan, petitioner in C.P. No.D-1369 of 2004, in person and Mahmood Hassan Advocate for petitioners Muhammad Ashraf, Noorul Haq and Fateh Muhammad Soomro, in C.P. No.D-1530 of 2004 and Mr. Sajjad Ali Shah, learned D.A.G. assisted by Syed…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492