| Case ID |
2e221c1d-a7d9-4b8d-b2bf-a675e690f4fd |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.113414 of 2017 |
| Decision Date |
Mar 22, 2022 |
| Hearing Date |
Mar 22, 2022 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioners, who were employees of NADRA, seeking promotion as Junior Executive/Data Entry Operators and Superintendent. The court ruled that the relevant Service Regulations and Promotion Policy were non-statutory and thus the constitutional petition for enforcement of such non-statutory regulations was not maintainable. The petitioners' claims were based on improved qualifications and entitlement for promotion under the Promotion Policy. However, as the regulations were framed by NADRA without Federal Government approval, the court held that the petition was not maintainable under the law. |
| Summary |
In the case of Writ Petition No.113414 of 2017, heard by the Lahore High Court, the petitioners, AMIR SHAHZAD and others, challenged the decision of the National Database and Registration Authority (NADRA) regarding their promotion. The petitioners argued that they had enhanced their qualifications and should be considered for promotion to the posts of Junior Executive/Data Entry Operators (BPS-7) and Superintendent (BPS-14). However, the court found that NADRA's Service Regulations and Promotion Policy were non-statutory, meaning they did not have the force of law. The court emphasized that constitutional petitions for the enforcement of non-statutory regulations are not maintainable. The ruling highlighted the importance of statutory provisions in employment matters and clarified the limitations of the courts in enforcing non-statutory regulations. This case underscores the challenges faced by employees in seeking recourse through constitutional petitions when the governing regulations lack statutory backing. The court's decision is pivotal for understanding the legal framework surrounding employment regulations within statutory bodies and sets a precedent for similar cases in the future. |
| Court |
Lahore High Court
|
| Entities Involved |
National Database and Registration Authority (NADRA),
Federal Government of Pakistan
|
| Judges |
Abid Aziz Sheikh
|
| Lawyers |
Khalid Ismail,
Hafiz Hafiz-ur-Rehman,
Malik Khalid Shafique
|
| Petitioners |
,
AMIR SHAHZAD
|
| Respondents |
FEDERATION OF PAKISTAN,
|
| Citations |
2024 SLD 2674 = 2024 PLC 33
|
| Other Citations |
Maj. (Retd.) Syed Muhammad Tanveer Abbas v. Federation of Pakistan through Secretary Ministry of Interior and another 2019 SCMR 984,
Chairman NADRA, Islamabad through Chairman, Islamabad and another v. Muhammad Ali Shah and others 2017 SCMR 1979,
Muhammad Zaman and 14 others v. Government of Pakistan through Secretary, Finance Division, (Regulation Wing), Islamabad and others 2017 SCMR 571,
P. T. C.L. and others v. Masood Ahmad Bhatti and others 2016 SCMR 1362,
Zarai Taraqiati Bank Limited and others v. Said Rehman and others 2013 SCMR 642,
Pakistan Defence Officers' Housing Authority and others v. Lt. Col. Syed Jawaid Ahmad 2013 SCMR 1707
|
| Laws Involved |
National Database and Registration Authority Ordinance, 2000
|
| Sections |
44,
45
|