| Case ID |
1f284c04-b936-4d08-b44f-d78211d02c0b |
| Body |
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| Case Number |
Constitutional Petition No. D-277 of 2013 |
| Decision Date |
Nov 14, 2014 |
| Hearing Date |
Oct 14, 2014 |
| Decision |
The Constitutional Petition was dismissed as the petitioners, who were employees of the Electric Supply Company, could not claim the 'Special Graduate Allowance' because they did not meet the qualifications of being 'Graduate Engineers' in BPS-17 or above. The court found that the Electric Supply Company was a separate legal entity with its own rules and regulations, and thus was not bound by the decisions of WAPDA or PEPCO. The petitioners' claims regarding promotion and allowances were based on misconceived notions of entitlement without statutory backing. The court emphasized that only employees under statutory rules could seek such relief through constitutional jurisdiction. |
| Summary |
In the case of Constitutional Petition No. D-277 of 2013, the Sindh High Court deliberated on the rights of employees of the Electric Supply Company regarding claims for the 'Special Graduate Allowance' and promotion criteria. The petitioners argued that they were entitled to the allowance based on their status as Graduate Engineers and referenced policies from WAPDA and PEPCO. However, the court clarified that the Electric Supply Company operated as an independent entity with its own promotional policies and was not obligated to follow directives from WAPDA or PEPCO. The petitioners were ultimately found to lack the necessary qualifications for the claims they were making, leading to the dismissal of their petition. This case highlights the importance of understanding the legal boundaries of employment rights within statutory and non-statutory frameworks. Keywords such as 'Constitutional Petition', 'Graduate Allowance', 'Electric Supply Company', and 'Sindh High Court' are relevant for SEO optimization, as they pertain to ongoing discussions about employment law and rights in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
WAPDA,
PEPCO,
Electric Supply Company
|
| Judges |
SYED HASAN AZHAR RIZVI,
AZIZ-UR-REHMAN
|
| Lawyers |
Malik Naim Iqbal for Petitioners,
Abdul Sadiq Tanoli, Standing Counsel for Respondents Nos.1, 3 and 4,
Ansari Abdul Lateef for Respondent No. 7,
Ghulam Haider Shaikh for Respondent No. 8,
Nemo for Respondents Nos.2, 5 and 6
|
| Petitioners |
19 others,
Syed SAQIB JAHANGIR
|
| Respondents |
7 others,
FEDERATION OF PAKISTAN through Secretary, Ministry of Water and Power
|
| Citations |
2016 SLD 693,
2016 PLC 728
|
| Other Citations |
Muhammad Sadiq and others v. University of Sindh and another PLD 1996 SC 182,
Maqsood Ali and others v. Government of Sindh through Secretary, Local Government, Public Health Engineering, Rural Development and Katchi Abadies Department and 5 others 2007 YLR 2243,
Abdul Rauf and 10 others v. Government of Sindh and others 2003 CLC 1602,
Tariq Saeed Saigol v. District Excise and Taxation Officer, Rawalpindi 1982 CLC 2387,
Pak American Fertilizer Ltd., Mianwali v. Amir Abdullah Khan and another 1984 CLC 2170,
Hyderabad Electric Supply Co. v. Mushtaq Ali Brohi 2010 PSC 1392,
Pakistan Defence Officers' Housing Authority v. Lt. Col. Syed Jawaid Ahmed 2013 SCMR 1707,
Dr. Sher Afgan Khan Niazi v. Ali S. Habib and others 2011 SCMR 1813,
Islamic Republic of Pakistan v. Abdul Wali Khan PLD 1975 SC 463,
Secretary B&R Government of West Pakistan v. Fazal Ali Khan PLD 1971 Kar. 625,
State Bank of Pakistan through Governor and another v. Imtiaz Ali Khan and others 2012 SCMR 280
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|