BASHIR AHMED MALIK vs GOVERNMENT OF N.-W.F.P. Through Chief Secretary, N.-W.F.P. And 4 Others
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by Bashir Ahmed Malik against the Government of N.-W.F.P. The core legal question is whether the impugned judgment failed to consider the binding precedent in Muhammad Masihuzzaman's case and ignored Rule 12 of the North-West Frontier Province Provincial Assembly Secretariat (Recruitment) Rules, 1974. The Court granted leave to appeal to examine these contentions raised by the petitioner, determining that the issues regarding the application of the cited precedent and the specific recruitment rules require closer examination by the appellate bench. The key principle laid down is that established judgments and relevant statutory service rules must be duly considered in matters concerning provincial assembly secretariat recruitment.
- Whether the failure to consider a relevant precedent of the Supreme Court vitiates a service matter judgment?
- How are the North-West Frontier Province Provincial Assembly Secretariat (Recruitment) Rules, 1974 to be applied in employee recruitment disputes?
- Rule 12, North-West Frontier Province Provincial Assembly Secretariat (Recruitment) Rules 1974
ORDER
1. MUHAMMAD RAFIQ TARAR, J,---Leave to appeal is granted to examine the contention raised by the petitioner that the decision of this Court in Muhammad Masihuzzaman's case (PLD 1992 Supreme Court 825) was not kept in view while passing the impugned judgment and Rule 12 of the North---West Frontier Province Provincial Assembly Secretariat (Recruitment) Rules, 1974 was also ignored.