SIRAJ MUHAMMAD vs FEDERATION OF PAKISTAN appointment against reserved quota

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SIRAJ MUHAMMAD VS FEDERATION OF PAKISTAN appointment against reserved quota---Beneficial legislation---Retrospective effect---Scope---Petitioner was nine years of age when his father, while serving as a teacher, died in the year 2000---Competent authority declined appointment to the petitioner on the ground that the policy-in-question was for those whose fathers had died after 1st July, 2005 (Prime Minister assistance Package, 2005)---Held, that Prime Minister assistance Package, 2005, was meant for benefitting the ex-employees, which (package) was in line with the rules framed for the employees of Government in the relevant Provincial Civil Servants act---authorities were also performing duties under the Ministry of Education and the employees, who had rendered services under their establishment, could not be left high and dry and deprived of such benefits---authorities could adopt the requisite criteria (prescribing qualification) or experience as required for any post under their command and the petitioner would also be subject to fulfilling the requisite criteria for any post to be considered commensurate to it, which would be in line with the principle for liberal construction of statutes, particularly that the mischief was suppressed and remedy granted---Said principle provided that if literal reading of provision did not produce absurdity or anomaly the same would not be construed to be only prospective---When the law was enacted for the benefit of community as a whole, even in the absence of a provision, the statute could be held to be retrospective in nature---Facility which had not yet been withdrawn but was subsisting, as such a vested right continue to accrue---Executive orders/notifications, which conferred right and were beneficial, would be given retrospective effect and those which were detrimental, prejudicial, had adversely affected, disturbed or invaded upon vested right could not be applied with retrospective effect---Prime Minister assistance Package, 2005, as beneficial legislation was to be applied to the petitioner whose cause of action had accrued subsequent to the policy-in-question---Constitutional petition was allowed, in circumstances.

SIRAJ MUHAMMAD vs FEDERATION OF PAKISTAN appointment against reserved quota — 2023 PLC(CS)N 5 PESHAWAR-HIGH-COURT

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