IFTIKHAR vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Ss

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

IFTIKHAR VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Ss. 2(g-i) & 16---Khyber Pakhtunkhwa Provincial Buildings (Management, Control and Allotment) Act (II of 2018), S.2(a) (Act, 2018)---Constitution of Pakistan, Art. 25---Vires of statute---Principles---Intelligible differntia---Scope---Maxim "salus populi suprema lex esto"---Petitioners/public servants contended that they were allotted residential accommodation; that S.2(a) of Khyber Pakhtunkhwa Provincial Buildings (Management, Control and Allotment) Act, 2018, defined allottee; that Act, 2018, was amended in 2019 which held Medical Teaching Institutions also entitled for the residential accommodation; that petitioners serving in Public Service Commission were ousted by employing gross indiscrimination; that petitioners were issued cancellation order of their accommodations; that discrimination was meted out against them; hence such discriminatory provisions of the Act, 2018, needed to be struck down; that Medical Teaching Institution was an autonomous body, therefore, the amendment made in favour of the employees thereof and exclusion of the Commission employees were based on discrimination---Held, that admittedly, employees of the Provincial Assembly were civil servants and per the terms/conditions of their service, they were entitled to the official accommodation---Medical Teaching Institution was autonomous administratively/financially---Amendments in Act, 2018, had been made under the requirement that certain medical staff needed to be on call and required to be available for emergency---Inclusion of Medical Teaching Institutions employees thus appears to be a formula based on intelligible differntia and distinguished the role of civil servants mentioned in section 16 of the Medical Teaching Institutions Reforms Act, 2015 and thus the same had reasonable nexus with the object sought to be achieved---Welfare of people was the supreme law---Power to legislate was a plenary power vested in the legislature and those who challenged the legislation were required to show that their fundamental rights under the Constitution were affected or that the legislature lacked the legislative competence, in which the petitioners had not succeeded---Constitutional petition was dismissed accordingly. Head Notes

IFTIKHAR vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Ss — 2022 PLC(CS) 855 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 PLC