MUHAMMAD NASIR vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2022 PLC(CS) 139 PESHAWAR-HIGH-COURT

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MUHAMMAD NASIR VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.8---Khyber Pakhtunkhwa Provincial Urban Development Board Employees Service Rules, 1978, R.4(j)---Constitution of Pakistan, Art.199---Constitutional petition---Appointment in Peshawar Development Authority (PDA)---Lateral entry/deputation---Petitioners were aggrieved of filling of promotion posts through deputationists---Validity---Peshawar Development Authority was empowered under Khyber Pakhtunkhwa Provincial Urban Development Board Employees Service Rules, 1978, for appointment to a post on 'Lateral Entry' which meant inviting employees from anywhere into the service of PDA---Such power and discretion could be exercised in case of dire need of borrowing department coupled with the consent of lending department, that too, in a situation when no fit and suitable employee would commensurate to such post available in borrowing department---No such exercise was undertaken, rather Provincial Government or Establishment Department imposed a good number of blue eyed officers upon borrowing department (PDA) to indispensably accept their services on deputation basis---Posting of outsiders on the basis of deputation created unrest and sense of deprivation amongst employees already working there---High Court declared practice of such appointments on deputation basis against justice, equity and good governance---Discretionary powers were not unbridled or unfettered but such discretion was required by law to be exercised in judicial manner on sound judicial principles---High Court further declared orders of respondents and other issued during pendency of petition whereby they were transferred to PDA on deputation or on pretext of 'Later Entry' as illegal, without lawful authority and were set aside---Constitutional petition was allowed accordingly. Head Notes

MUHAMMAD NASIR vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2022 PLC(CS) 139 PESHAWAR-HIGH-COURT

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