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2021 IHC 234

Nasir Khan vs Capital Development Authority, etc

Citation2021 IHC 234
CourtIslamabad High Court
Case No.W.P. No.231-2020
Date2021-07-13
Judge(s)Athar Minallah
ResultPetition allowed

ORDER

The petitioners have invoked the jurisdi ction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. The petitio ners are aggrieved because they asse rt that they were permanently absorbed and, therefore, their respective repatriation orders were issued without lawful authority and jurisdiction.

2. The learned counsel has drawn the attention of this Court to order , dated 02-10 2019, passed in W.P.

No.1410/2019 in support of his contentio n that similarly placed other employees had also approached this Court and their cases were remanded to the respondent department i.e. Capital Development Authority .

3. The learned counsel who has appeared on behalf of the Capital Development Authority was asked regarding the fate of those officials who had earlier approached this Court and their cases were remanded to the Capital Development Authority . She has stated that a Committee was constituted and after affording an opportunity of hearing to the affected officials, orders were passed by the competent authority . She has stated that in some cases the officials were repatriated. She was asked whether the cases of the petitioners were distinguishable. She has answered in the negative.

4. In the light of the above statement made on behalf of the Capital Developme nt Authority , these petitions are allowed and the impugned orders are set aside. However , the Capital Development Authority shall proceed in accordance with the order passed by this Court in Writ Petition No.1410/2019. In case the competent authority is satisfied that the petitioners had been absorbed and such absorption was illegal, then the Capital Development Authority shall be at liberty to repatriate the petitioner .

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