DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS vs UMAR DARAZ arts — 2023 PLC(CS) 1444 SUPREME-COURT

Case information

Citation: 2023 PLC(CS) 1444 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLC
Parties: DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS vs UMAR DARAZ arts
Subject matter: Criminal

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

DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS VS UMAR DARAZ arts. 9 & 38(d)---Civil service---Incapacitated employee---adjustment in another suitable and appropriate post keeping in view the degree and level of incapacitation---In case an officer develops physical incapacitation the department has to reach out to said officer to ensure the best possible option available for the officer in his condition to continue to serve the department---Said transfer to another suitable post of the respondent is as a special case and is over and above the regular process of transfer, appointment or promotion---Such a special transfer is to provide "reasonable accommodation" to an employee who has been incapacitated during service and for no fault of his own suffers from a disability---any such "reasonable accommodation" is a priority action item for the department and must be addressed at the earliest---Suitability of the new post must factor in the earlier job description as well as the grade so that the employee is not worse off in financial terms---Such reasoning finds support from articles 9 and 38(d) of the Constitution which provide for right to life, which includes right to a meaningful livelihood as an integral part of life and policies must be made by the State to safeguard the interest of persons suffering from infirmity or sickness.

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2023 PLC(CS) 860 SUPREME-COURTAMANULLAH KHAN VS HOSPITAL DIRECTOR, KTH (MTI), PESHAWAR Upgradation of a post---Scope---In order to justify the upgradation, the Government…

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