JAWAD KHAN vs NATIONAL DATABASE AND REGISTRATION AUTHORITY (NADRA) Ss — 2022 PLC(CS) 94 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLC(CS) 94 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLC
Parties: JAWAD KHAN vs NATIONAL DATABASE AND REGISTRATION AUTHORITY (NADRA) Ss
Subject matter: Service
Provisions referred to: S. 3; Registration Authority Ordinance

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

JAWAD KHAN VS NATIONAL DATABASE AND REGISTRATION AUTHORITY (NADRA) Ss.3 & 35---Constitution of Pakistan, Art.3---Exploitation, elimination of---Non-statutory rules---Petitioners participated in process of recruitment for specific posts but authorities appointed them for some other posts lower in grade--- Plea raised by Authority was that petition was not maintainable as its service rules were non-statutory--- Validity--- State authorities, under Art. 3 of the Constitution were to ensure elimination of all forms of exploitation and gradual fulfillment of fundamental principles, from each according to his ability, to each according to his work--- Petitioners were not treated fairly over the years and unfair treatment of petitioners at the hands of employer in public sector domain was not at all acceptable--- National Database and Registration Authority was performing governmental functions, directly under the authority of Federal Government which was evident from S.3 of National Database and Registration Authority Ordinance, 2000--- National Database and Registration Authority was amenable to Constitutional jurisdiction of High Court--- High Court directed the Authority to treat petitioners similar to other officials--- High Court declared that petitioners were appointed to the posts for which they were tested and interviewed with effect from the date of their appointment---Constitutional petition was allowed accordingly. Head Notes

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