PHC orders petitioner's PEDO appointment
A divisional bench of the Peshawar High Court (PHC) allowed on Tuesday a writ petition filed by Engr Javed Akhtar and ordered his appointment as Member Hydropower of the Pakhtunkhwa Energy Development Organization (PEDO).
The bench, comprising Justice Naeem Anwar and Qazi Jawad Ehsanullah, overturned the provincial cabinet's decision, which had denied the appointment based on the criteria set under the PEDO (Appointment and Terms and Conditions of Chief Executive and Members) Rules, 2024.
During a hearing, Shumail Ahmad Butt, the counsel for the petitioner, told the court that PEDO was reorganised in 2020 following the enactment of a new PEDO Act. Under this act, PEDO's management was entrusted to an executive committee.
He explained that the executive committee comprised the chief executive, the additional Secretary of E&P department and three members representing finance, renewable energy and hydropower.
Butt argued that the qualifications of these members were listed in Section 9(3) of the new act, while Section 9(4) stated that additional rules would govern other terms and conditions. He contended that since the law itself prescribed the qualifications, no further delegated legislation was necessary.
He further stated that the positions were advertised in September 2020, and the petitioner applied for the Member Hydropower post. Despite being at the top of the merit list, the recruitment process remained incomplete for various reasons. In 2024, new rules were introduced with revised qualifications, which ultimately led to the petitioner's disqualification from the appointment.
He continued to say that the positions were advertised in September 2020 where the petitioner had applied for post of member hydropower. He was at the top of the merit list but the process was not completed for one reason or another, while in 2024, new rules were introduced and new qualifications were prescribed and thus the petitioner was denied of the appointment.
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