ATTAULLAH KHAN vs ALI AZAM AFRIDI art — 2021 SCMR 1979 SUPREME-COURT

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ATTAULLAH KHAN VS ALI AZAM AFRIDI art. 199(1)(b)(ii)---Writ of quo warranto---Scope---No prohibition existed in law as to who could file a writ of quo warranto, however, the power to issue such writ was discretionary and nobody could claim that the court was bound to issue this writ. Citation Name: 2021 SCMR 1979 SUPREME-COURTBookmark this Case ATTAULLAH KHAN VS ALI AZAM AFRIDI Upgradation of post from BPS-20 to BPS-21 against policy of the Provincial Government---Petitioner was thrice upgraded, firstly when the post of LAN Administrator, Provincial Assembly was upgraded from BPS-18 to BPS-19 and the same was re-designated as Director Automation and IT; secondly when the post of Director Automation and IT was upgraded from BPS-19 to BPS-20 and the petitioner was promoted to the upgraded post; lastly, the nomenclature of the said post was substituted as Special Secretary/Director IT and the same was upgraded to BPS-21 and the petitioner for the third time was upgraded to BPS-21---Provincial Assembly had promulgated the Upgradation Policy (vide notification dated 29-08-2011) for its employees---Said Policy specifically stated that "personal upgradation shall be made once during the whole service periods', and that "no such upgradation shall be made infavour of such employees or individual whose posts have once personally (been) upgraded either before or after promulgation of the policy"---Three consecutive upgradations given to the petitioner were clearly in violation of the said Policy---High Court had rightly declared the upgradation of post of the petitioner from BPS-20 to BPS-21 as void, coram non-judice and without any lawful authority---Petition for leave to appeal was dismissed and leave was refused. Citation Name: 2021 SCMR 1979 SUPREME-COURTBookmark this Case ATTAULLAH KHAN VS ALI AZAM AFRIDI art. 199(1)(b)(ii)---Writ of quo warranto---Scope and purpose---Writ of quo warranto was issued by the courts to judicially review situations against a person when he assumed an office for which he had no entitlement---Writ of quo warranto was an effective measure to prevent people from taking over public offences when they did not qualify for the same. Citation Name: 2021 SCMR 1979 SUPREME-COURTBookmark this Case ATTAULLAH KHAN VS ALI AZAM AFRIDI When a statute/law described or required a thing to be done in a particular manner, it should be done in that manner or not at all.

ATTAULLAH KHAN vs ALI AZAM AFRIDI art — 2021 SCMR 1979 SUPREME-COURT

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