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AFNAN FARID vs FEDERATION OF PAKISTAN art — 2023 PLC(CS) 837 ISLAMABAD

Case information

Citation
2023 PLC(CS) 837 ISLAMABAD
Court
Islamabad High Court
Year
2023
Reporter
PLC
Parties
AFNAN FARID vs FEDERATION OF PAKISTAN art
Subject matter
Service
Provisions referred to
Civil Servants Act

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

AFNAN FARID VS FEDERATION OF PAKISTAN art.199---Constitutional jurisdiction---Scope---Courts in their constitutional jurisdiction while exercising judicial review powers ought to determine the legality or lack thereof of legal instruments on the narrowest grounds. Citation Name: 2023 PLC(CS) 837 ISLAMABADBookmark this Case AFNAN FARID VS FEDERATION OF PAKISTAN R.3---Rules of Business, 1973, R. 11---Terms and conditions of service, amendment in---Consultation with Establishment Division---Scope---Secretary of a department is vested with no legal authority to approve any changes to the terms and conditions that apply to civil servants---Such changes can only be introduced by the competent authority under the Civil Servants Act, 1973 and the rules and regulations framed thereunder. Citation Name: 2023 PLC(CS) 837 ISLAMABADBookmark this Case AFNAN FARID VS FEDERATION OF PAKISTAN arts. 199 & 212---Constitutional petition---administrative Courts and Tribunals---Terms and conditions of service---Scope---Where matter before the High Court was whether or not the impugned notification which had been issued by a functionary of the Federal Government was backed by legal authority or otherwise, High Court observed that such matter did not relate to terms and conditions of any particular person who was aggrieved by the impugned notification or any person who was claiming a right on the basis of such notification---article 199(1)(a)(ii) of the Constitution provided that in the absence of any adequate remedy provided by law on the application of an aggrieved party, High Court could make an order---High Court was vested with jurisdiction to adjudicate the matter.

Other judgments reported in 2023 PLC

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