Abid Saleem Haider, etc vs Aamir Ali Ahmed, Chairman Capital
This petition was filed alleging the violation of a previous court order dated 15-02-2019 passed in Writ Petition No. 611/2019, specifically concerning the upgradation of a post within the Capital Development Authority. The respondent authority submitted a report indicating that the petitioners had been granted a hearing, their grievances were reviewed by an anomaly committee, and the committee's recommendations were pending before the Board for a final decision. The Court determined that contempt proceedings were unnecessary given the actions taken by the authority. Regarding the core legal question of whether a court can compel the upgradation of a post, the Court held that the upgradation of a post falls exclusively within the domain of the employer. It established the principle that no employee possesses a vested right to compel an employer to upgrade a position, as such matters are the sole prerogative of the employer, subject to the policies and conditions prescribed by the Federal Government. Consequently, the petition was dismissed as being without merit.
- Can a court compel an employer to upgrade a specific post?
- Does an employee have a vested right to demand the upgradation of their post?
- Is the upgradation of a post within the exclusive domain of the employer?
- Contempt of Court Ordinance, 2003
ORDER
Athar Minallah, C.J. Through this petition, the petitioners have alleged violation of this Court' s order , dated 15-02- 2019, passed in W rit Petition No.61 1/2019.
2. The Capital Development Authority has filed written report wherein it has been stated that the petitioners were afforded an opportunity of hearing and thereafter appropriate action was taken by the competent authority . The grievances of the petitioners were forwarded to the anomaly committee and the latter has made its recommendations. According to the report, the recommendations shall now be placed before the Board of the Capital Development Authority for a decision.
3. This Court is satisfied that proceedings under the Contempt of Court Ordinance, 2003 are not required to be initiated. Moreover , upgradation of a post falls within the exclusive domain of the Capital Development Authority .
This Court can neither compel nor influence the decision regarding upgradation of a post. No official or employee can claim a right so as to compel an employer to upgrade a particular post. Upgradation of a post is the sole prerogative of the employer and subject to fulfillment of the conditions prescribed under the policy formulated by the Federal Government. The policy and principles regarding upgradation of a post have been highlighted by a learned Division Bench of this Court in the case titled 'Chairman, FBR Islamabad v. Atta Muhammad Masood and other ' [ICA No.510/2014].
4. For the above reasons, this petition is without merit and is, therefore, accordingly dismissed.