Dr. TAHIR KALEEM SIDDIQUI vs FEDERATION OF PAKISTAN S — 2023 PLC(CS) 374 ISLAMABAD

Case information

Citation: 2023 PLC(CS) 374 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: PLC
Parties: Dr. TAHIR KALEEM SIDDIQUI vs FEDERATION OF PAKISTAN S
Subject matter: Constitutional
Provisions referred to: S. 8---W

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

Dr. TAHIR KALEEM SIDDIQUI VS FEDERATION OF PAKISTAN S.8---Workers' Welfare Fund (Employees Service) Rules, 1997,Rr. 23 & 25(1)(iv)---Civil service---Deputationist---Scope---Absorption in service---Selection by Governing Body--- Selection Committee absence of--- Petitioner was appointed by Governing Body but authorities after 19 years had set aside his appointment as the same was not done by Selection Committee and he was repatriated to his parent department---Validity---Held, there was no permanent employee in Workers' Welfare Fund (WWF) in year 1998, who could have been made member of Selection Committee to consider petitioner for absorption---Such was ample justification to petitioner's case for absorption to be placed before the Governing Body of WWF which was superior to Selection Committee---Absorption of petitioner as Assistant Director (BS-17) in WWF without recommendation of any Selection Committee was no fault of the petitioner---It was not for the petitioner to have constituted Selection Committee but the senior management of WWF---Without constitution of Selection Committee, case of petitioner for absorption should not have been placed before Governing Body but it was done by the management of WWF---Omission to comply with the requirement of R.25(1)(iv)Workers' Welfare Fund (Employees Service) Rules, 1997, in the process for absorption of petitioner was entirely attributable to the management of WWF and not the petitioner---High Court set aside order passed by authorities and remanded the matter to Federal Government for decision afresh---Constitutional petition was allowed accordingly.

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