Writ Petition No. 2346/2018 & 4010/2019 Islamabad High Court, Case filed by Raja Sultan Sher Afghan (Chairman), Muhammad Qasim Kahut (Secretary General) and others Vs Federal of Pakistan, MAG and others
Islamabad High Court issued the judgment in favour of All Pakistan Military Accounts Employees Association and Deputy Registrar (Judicial), Islamabad High Court, Islamabad dispatched judgment and immediate compliance a copy of this Court’s Order dated 29-06-2022 passed by Hon’able Mr. Justice Amer Farooq.
AAMER FAROOQ, Judge. The judgement shall decide the instant petitions, as common question are involved.
The Petitioner No. 1 in WP 2346/2018 is a registered Welfare Association and petitioners No. 2 & 3 are its office bearers. Likewise petitioners in WP 4010/2019 are office bearers of All Pakistan Military Accounts Employees Association (The Association). The grievance of the petitioners emanates from letter dated 24-01-2018, whereby the Association was suspended on account of the fact that as per its original bye-laws, the members were to be employees in BS-5 to BS-15 (Class-III), whereas their positions have been upgraded and now the members/employees are holders of BS-16.
The factual controversy, leading to filing of above referred writ petitions, has already been spelt out in the preceding paragraphs. The grievance of the petitioners is that despite intimation in the year 2011 to the Office of the MAG amendment/modification in the bye-laws of the Association, has not been recommended/acknowledged.
Under Article 1 of the bye-laws of the Association, it has membership by way of employees in Grade 5-15. Article 18 provides for amendment in the bye-laws by the Supreme Council. In this behalf, referred Article states that the Supreme Council only holds the power to amend/modify or insert new rules in the approved bye-laws by 2/3rd majority of the votes in each case. It seems that after amending bye-laws to include employees in BS-5 to BS-16, a memorandum/letter was written by the then Secretary General of the Association on 7.1.2011 to MAG office along with resolution indicating the amendment, however, as is obvious from the record and the statements by learned counsel for the parties, nothing seems to have been done in this regard. In the said facts and circumstances, it would be only appropriate that competent authority i.e. Ministry of Defence take up the issue of amendment in the bye-laws and acknowledge/recommend the same in accordance with rules and regulations.
For the referred reasons, instant petitions are disposed of with direction to the MAG’s Office to remit amendment made in the bye-laws of the Association to the Ministry of Defence, which shall decide the issue expeditiously preferably within six week from the date of receipt of this judgement. It is pertinent that in case either respondent No. or any other person requires any further document or information, the petitioners shall facilitate them accordingly.
