Unlawful notification
Unlawful notification legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Employee of statutory body [National Construction Limited (NCL)] not having the status of "civil servant" sent on deputation to Senate Secretariat
Notification for permanent absorption of such deputationist in Senate Secretariat issued without approval from competent authority/Chairman Senate
Such notification was unlawful and void ab initio
Further, deputationist was not entitled to pensionary benefits because deputationist's parent department (NCL) was not a pensionable organization, and thus his services in parent department (NCL) could not be counted towards his pension with respect to Senate Secretariat, and because he had also been compensated in terms of advance increments to protect him from any loss arising due to disentitlement from pensionary benefits
Case was remanded to Service Tribunal for decision afresh.
"Unlawful notification", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124956004
Precedents & Case Laws citing "Unlawful notification"
1996 C L C 370
S.M. MUNIR and 3 others‑‑‑Petitioners Versus GOVERNMENT OF SINDH and 2 others‑‑‑Respondents
Court: Karachi2016 P L C (C
SENATE through Chairman Versus SHAHIQ AHMED KHAN
Court: Supreme Court of Pakistan2016 S C M R 460
SENATE through Chairman — Petitioner Versus SHAHIQ AHMED KHAN — Respondent
Court: Supreme Court of Pakistan2012 C L C 1655
GHULAM RASOOL and another — Appellants Versus SAID AHMED and others — Respondents
Court: Supreme Court (AJ&K)2016 P L C (C
ZUBAIR Versus FEDERATION OF PAKISTAN through Secretary Establishment Division and 3 others
Court: Sindh High Court2005 P L C (C
MUHAMMAD MUSHTAQ Versus CHANCELLOR, GOVERNMENT COLLEGE UNIVERSITY, FAISALABAD
Court: Lahore High Court2018 Y L R 1206
ARSHAD TANVEER — Appellant Versus SINDH INDUSTRIAL TRADING ESTATES (GUARANTEE) LIMITED through Managing Director and 4 others — Respondents
Court: Sindhno``:
NAWAB BRar'IiERS‑Petitioners Versus COLLECTOR OF CUSTOMS, KAtIACHIArsDANOTHSa
Court: High Court1995 M L D 2039
Justice (Retd.) Qazi ABDUL GHAFOOR, CHAIRMAN, AZAD JAMMU AND KASHMIR ZAKAAT COUNCIL, MUZAFFARABAD‑‑‑Petitioner Versus THE AZAD JAMMU AND KASHMIR GOVERNMENT through its Chief Secretary, Muzaffarabad‑‑‑Respondent .
Court: Supreme Court (AJ&K)P L D 1976 Lahore 769
Petitioner Versus PROVINCE OF PUNJAB THROUGH DIRECTORATE OF LAHORE WELFARE, PUNJAB, LAHORE AND ANOTHER‑Respondents
Court: S. 5(4) read with Ss. 6 & 7‑Notification under S. 5(4) directing that barbers' and hairdressers' shops located in certain populous cities of Province shall not be exempt from operation of Ss. 6 & 7 No reasonable basis shown to exist for including chosen areas and for excluding other areas for enforcement of provisions of Ss. 6 & 7‑Held, restrictive provisions of law applied in an arbitrary, unrea sonable and discriminatory manner‑Notification declared to be unlawful and having been issued without lawful authority‑Constitu tion of Pakistan (1973), Art. 25. p. 772 8