Islamabad:
A division bench of the High Court of Peshawar (PHC) authorized a brief request on Tuesday filed by Engr Javed Akhtar and ordered his appointment as a member of the hydroelectricity of the Pakhtunkhwa Energy Development Organization (PEDO).
The bench, including judge Naeem Anwar and Qazi Jawad Ehsanullah, canceled the decision of the provincial cabinet, which had denied the appointment on the basis of the criteria set under the pedo (appointment and terms and conditions of director general), 2024.
During a hearing, Shumail Ahmad Butt, the petitioner’s lawyer, told court that Pedo had been reorganized in 2020 following the promulgation of a new Pedo law. Under this law, the management of Pedo was entrusted to an executive committee.
He explained that the Executive Committee included the director general, the additional secretary of the E&P department and three members representing finances, renewable energies and hydroelectricity.
Butt argued that the qualifications of these members were listed in article 9 (3) of the new law, while article 9 (4) said that additional rules govern other terms and conditions. He argued that, as the law itself prescribed the qualifications, no other delegated legislation was necessary.
He also declared that the posts had been announced in September 2020 and that the petitioner had applied for the position of member of hydroelectricity. Although it is at the top of the merit list, the recruitment process has remained incomplete for various reasons. In 2024, new rules were introduced with revised qualifications, which finally led to the disqualification of the petitioner of the appointment.
He continued to say that the positions were announced in September 2020 where the petitioner had requested the position of member hydroelectricity. It 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 therefore the petitioner was refused of the appointment.
