لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
14. In the light on the position explained higher than, it truly is concluded that a civil servant features a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not implement, given that the criminal Court has not convicted the petitioner, somewhat he has been acquitted from the criminal charges based on evidence and it really is properly-settled regulation that once the civil servant is acquitted while in the criminal case, then on this extremely charge he cannot be awarded in almost any punishment through the department and held him disqualified for the post because acquittal for all upcoming purposes. The aforesaid proposition has become set at naught via the Supreme Court of Pakistan while in the case from the District Police Officer Mainwali and 2 others v.
Rulings by courts of “lateral jurisdiction” are certainly not binding, but could possibly be used as persuasive authority, which is to give substance for the party’s argument, or to guide the present court.
record in the department there isn't any record readily available whatsoever regarding promotion from the petitioner(Promotion)
The ICAP Staff Service Rules, 2011 were framed by the respondent/Institute, these rules might not have the operates within a transparent legal and regulatory framework of the respondent/Institute. fourteen. In view of what continues to be discussed previously mentioned, without touching the merits of the case, the preliminary objection regarding the maintainability with the petition is sustained and also the petition is held being not maintainable in terms of Article 199 of the Constitution with the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of your judgment passed from the Supreme Court while in the case of Pakistan Electric Power Company supra. Read more
73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Bearing on the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition may be dismissed. This is because service in the grievance notice can be a mandatory prerequisite in addition to a precondition for filing a grievance petition. The regulation necessitates that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. Should the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
The court cannot listen to the transfer order challenge mainly because it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders trying to keep in view that one of several respondents has retired from service as pointed out through the counsel to the respondent university. 12. The petition and applications pending therein stand dismissed with no order concerning costs. Read more
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If your employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't had a possibility to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only accomplished In here the event the employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence and the petitioner company responded towards the allegations as such they were perfectly mindful of the allegations and led the evidence as such this point is ofno use to generally be seemed into in constitutional jurisdiction at this stage. Read more
This article delves into the intricacies with the recent amendment, accompanied by relevant case law, to offer a comprehensive understanding of its implications and realistic applications.
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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.