| Case ID |
2e4043c1-8cbb-47e7-8f76-2cb79f0f3ab8 |
| Body |
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| Case Number |
Writ Petition No.113414 of 2017 |
| Decision Date |
Mar 22, 2022 |
| Hearing Date |
Mar 22, 2022 |
| Decision |
The constitutional petition filed by the employees of NADRA was dismissed on the grounds of non-maintainability. The court held that the relevant service regulations and promotion policy were non-statutory as they were framed by the Authority under Section 45 of the Ordinance and not by the Federal Government under Section 44. Therefore, the constitutional petition for enforcement of such non-statutory regulations or promotion policy was not maintainable. |
| Summary |
This case involves a writ petition filed by Amir Shahzad and others against the Federation of Pakistan and others in the Lahore High Court. The petitioners, employees of NADRA, challenged the Authority's decision not to promote them, arguing it was against the promotion policy. However, the court dismissed the petition, stating that the regulations and promotion policy were non-statutory and thus unenforceable through a constitutional petition. This case highlights the distinction between statutory and non-statutory regulations in employment law, especially within government bodies like NADRA. The court referenced several previous cases, such as Maj. (Retd.) Syed Muhammad Tanveer Abbas v. Federation of Pakistan, to support its decision. |
| Court |
Lahore High Court
|
| Entities Involved |
National Database and Registration Authority (NADRA)
|
| Judges |
Abid Aziz Sheikh, J
|
| Lawyers |
Khalid Ismail,
Hafiz Hafiz-ur-Rehman,
Malik Khalid Shafique
|
| Petitioners |
AMIR SHAHZAD
|
| Respondents |
FEDERATION OF PAKISTAN
|
| Citations |
2024 SLD 2609,
2024 PLC 33
|
| Other Citations |
2019 SCMR 984,
2017 SCMR 1979,
2017 SCMR 571,
2016 SCMR 1362,
2013 SCMR 642,
2013 SCMR 1707
|
| Laws Involved |
National Database and Registration Authority Ordinance, 2000
|
| Sections |
44,
45
|