| Case ID |
3ae68d7a-7d10-4ea2-9ab4-f536589ee31b |
| Body |
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| Case Number |
Writ Petition No.735 of 2022 |
| Decision Date |
Sep 13, 2022 |
| Hearing Date |
Jun 21, 2022 |
| Decision |
The Islamabad High Court dismissed the writ petition filed by Sarfraz Ali, asserting that he was entitled to promotion based on seniority over his juniors. The Court ruled that the Pakistan Electronic Media Regulatory Authority (PEMRA) operates under non-statutory service regulations, making the petitioner ineligible to invoke constitutional jurisdiction for enforcement of service terms. The Court emphasized that the relationship between PEMRA and its employees is that of master and servant, thus reinforcing the non-statutory nature of the regulations governing employment. The dismissal was based on the lack of statutory backing for the regulations and the established legal precedent that such matters do not fall under the jurisdiction of the High Court. |
| Summary |
In the case of Writ Petition No.735 of 2022, Sarfraz Ali challenged the refusal of his promotion by the Pakistan Electronic Media Regulatory Authority (PEMRA). The Islamabad High Court ruled against the petitioner, stating that PEMRA's regulations are non-statutory, which means that employees cannot seek constitutional remedies for employment grievances. The Court held that the relationship between PEMRA and its employees is akin to that of master and servant, thus reinforcing the principle that non-statutory rules are not enforceable. This case highlights important aspects of employment law in Pakistan, particularly regarding the rights of employees under non-statutory regulations. The decision reflects ongoing debates about employment rights and the legal frameworks governing regulatory bodies in Pakistan. With the increasing relevance of media regulation, this case serves as a significant reference for future disputes involving employment and promotion rights within regulatory authorities. |
| Court |
Islamabad High Court
|
| Entities Involved |
Pakistan Electronic Media Regulatory Authority
|
| Judges |
Arbab Muhammad Tahir
|
| Lawyers |
Ch. Muhammad Asad Raan,
Syed Nazar Hussain Shah, Assistant Attorney-General for Federation of Pakistan,
Barrister Ahmed Pervez,
Hafiz Arfat Ahmed,
Auf Abdur Rehman,
Muhammad Jalal Haider,
Sheikh Sahibzada Ahmed
|
| Petitioners |
SARFRAZ ALI
|
| Respondents |
FEDERATION OF THE PAKISTAN, through Secretary Information and Broadcasting, Government of the Pakistan, Islamabad and 10 others
|
| Citations |
2023 SLD 1974,
2023 640
|
| Other Citations |
2006 PLC (C.S) 955,
2006 CLD 568,
PLD 2002 SC 667,
2010 SCMR 1301,
2013 PLC (C.S.) 223,
2015 PTD 1207,
2021 SCMR 1281,
PLD 2010 SC 676,
2021 SCMR 128,
2021 PLC (C.S.) 140,
2021 SCMR 998,
Sumsam Ahmed v. Federation of Pakistan and 5 others (W.P. No.10534/2014),
Sajjad Ahmed v. Federation of Pakistan through its Secretary, Ministry of Information and Broadcasting, Islamabad and 04 others (W.P. No.1476/2019),
I.C.A. No.78/2020,
W.P. No.4425/2021,
Syed Nazir Gillani v. Pakistan Red Crescent Society 2014 SCMR 982,
Pakistan Defence Officers Housing Authority v. Lt. Col. Syed Jawaid Ahmad 2013 SCMR 1707,
Abdul Rashid Khan v. Registrar Baha ud Din Zikrya University 2011 SCMR 944
|
| Laws Involved |
Pakistan Electronic Media Regulatory Authority Ordinance, 2002
|
| Sections |
4(3)
|