TAJ MUHAMMAD, CHIEF INTERNAL AUDITOR OGDCL vs OIL AND GAS DEVELOPMENT COMPANY LIMITED art

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TAJ MUHAMMAD, CHIEF INTERNAL AUDITOR OGDCL VS OIL AND GAS DEVELOPMENT COMPANY LIMITED art.199---Constitutional petition---Employer and employee---Promotion---at least four discernable components exist for promotion decisions for purposes of a Court exercising judicial review of the decision: (i) mandatory legal requirements, the failure to observe which can lead to procedural impropriety; (ii) objective criteria, i.e. eligibility requirements that can be verified by the Court on the basis of available record; (iii) the subjective evaluation of the competence, fitness or potential of an employee that falls within the domain of primary decisionmaker; and (iv) the reasoning of the decisionmaker which if perverse or reflecting bias or malice or based on extraneous consideration can result in an illegal or irrational decision that can be reviewed by a Constitutional Court---Given these components of a promotion decision High Court would intervene and exercise judicial review of such decision where (i) there is a breach of principles of procedural fairness or natural justice, (ii) where employment rules and criteria for promotion prescribed therein have been breached, or irrelevant and extraneous consideration have informed the decision leading to illegality, (iii) when the objective criteria regarding eligibility for promotion have been misapplied and such misapplication is evident from the record (i.e. miscalculation of years of service, etc.), and (iv) where discrimination or malice is floating on the surface of the record, or the reasoning of the decisionmaker is perverse leading to the conclusion, without the Court indulging in any factual controversy, that the decision undermines the fundamental right of employee to be treated in accordance with law and without discrimination.

TAJ MUHAMMAD, CHIEF INTERNAL AUDITOR OGDCL vs OIL AND GAS DEVELOPMENT COMPANY LIMITED art — 2022 PLC(CS) 712 ISLAMABAD

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