GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Forest, Peshawar vs SHER AMAN art — 2022 PLC(CS) 1225 SUPREME-COURT

Case information

Citation: 2022 PLC(CS) 1225 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLC
Parties: GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Forest, Peshawar vs SHER AMAN art

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Forest, Peshawar VS SHER AMAN art. 199---Civil service---Project posts---Constitutional jurisdiction of the High Court---Scope---Once the project in question had come to an end and the project employees were relieved from their services, High Court in its Constitutional jurisdiction ordered Provincial authorities to adjust the project employees against regular posts in a Municipal Committee, opining that constitution of a fresh Committee for fresh appointments would be "wastage of time and money" and that the respondents had a preferential right to serve in the project till its life---Legality---ascertaining what and what did not constitute wastage of resources was not the domain of the High Court; this went against the basic principle of separation of powers and entering the domain of executive policy making which under the scheme of the Constitution fell in the domain of the executive---Role of the courts was to interpret the law and not delve in matters involving policy issues---High Court could not have assumed the role of the executive or a policy maker and opined that constituting a Committee for fresh appointments would have been "wastage of time and resources"---If a private organization or project, or the government thought fit to constitute a committee, the only interference which may be warranted was in exceptional circumstances showing mala fides and/or arbitrary exercise of power by any of the members of the Committee so constituted---appeal was allowed and impugned judgment of High Court directing adjustment of project employees against regular posts was set aside.

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