Islamabad:
A division bench by Peshawar High Court (PHC) on Tuesday allowed a written petition filed by Engr Javed Akhtar and ordered his appointment as a member of Pakhtunkhwa Energy Development Organization (PEDO).
The bench, which consisted of Justice Naeem Anwar and Qazi Jawad Ehsanullah, overturned the provincial cabinet’s decision, which had denied the appointment based on the criteria laid down under PEDO (appointment and conditions and conditions for CEO and members) rules, 2024.
During a hearing, Shumail Ahmad Butt, the lawyer of the petitioner, told the court that Pedo was reorganized in 2020 after the adoption of a new Pedo Act. According to this law, Pedo’s management was handed over to an executive committee.
He explained that the executive committee consisted of CEO, the extra secretary of the E&P department and three members representing funding, renewable energy and hydroelectric power.
Butt claimed that the qualifications of these members were listed in section 9 (1) of the new law. 3, while section 9 (2). 4, stated that further rules would control other terms and conditions. He claimed that since the law himself prescribed the qualifications, no additional delegated legislation was needed.
He further stated that the positions were announced in September 2020 and the petitioner applied for a member of the hydropower post. Despite being at the top of the merger list, the recruitment process remained for various reasons. By 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 announced in September 2020, when the petitioner had applied for mail as a member of hydropower. He was at the top of the merit list, but the process was not completed for any reason, while by 2024 new rules were introduced and new qualifications were prescribed and the petitioner was therefore denied by the appointment.
