BASHIR AHMED MALIK vs GOVERNMENT OF N.W.F.P. through Chief Secretary, N..W.F.P. and 4 others
This matter arises from a petition for leave to appeal filed by Bashir Ahmed Malik against the Government of N.W.F.P. and others. The core legal question is whether the impugned judgment failed to consider the precedent set in Muhammad Masihuzzaman's case and ignored Rule 12 of the North-West Frontier Province Provincial Assembly Secretariat (Recruitment) Rules, 1974. The Supreme Court granted leave to appeal to examine these contentions raised by the petitioner. The key principle established is that prior binding precedents of the apex court and relevant statutory service rules must be duly considered and applied in service matters.
- Whether the failure to keep in view a binding judgment of the Supreme Court vitiates an impugned judgment?
- Were the North-West Frontier Province ProvincialAssembly Secretariat (Recruitment) Rules, 1974 ignored in the passing of the impugned judgment?
- 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.