The Supreme Court in its January 29 judgement set aside the earlier judgement given by the Balochistan High Court in favour of PTV employees of Balochistan and said: 'No contract employee was entitled to backdated regulariSation.' PTV management in the show cause notices has claimed that these 34 producers were contract employees at the time of their employment in PTV.
However, a three-member bench of the Supreme Court, headed by then Chief Justice Iftikhar Muhammad Chaudhry, while deciding the constitution petition number 48 of 2009, filed by these 34 producers, had said that these were not contractual employees but on probation and should be treated as 'regularly appointed.' 'As far as Petition No 48 is concerned, the case is different from above petitions because they were regularly appointed on probation for a period of two years from 20.2.2006, where after their probation period has not been extended and the letters of permanent employment have not been issued in their favour,' the judgement said.
The PTV management in the light of this judgement prepared regularisation policy and regularised all 34 petitioners with effect from December 30, 2010 and not from the date of their appointment in the PTV.
According to statistics provided by the Registrar of the High and Supreme Courts, one High Court judgement dating back to 2001, five judgements dating from 2002, five from 2003, seven from 2004, six from 2005, seven from 2006 and nine from 2007, were still outstanding by the end of 2010.
The Law Society of Namibia (LSN) compiled a list of outstanding judgements in 2010 which showed that one appeal judgement dating back from 2004 was still being awaited in the Supreme Court, while two judgements dating from 2005, eight from 2006 and three from 2007 had also not been delivered in the Supreme Court by late 2010.
I stated earlier that the impossibility of negative judgements of taste stems from two requirements on all judgements of taste.
47) Kant argues that this claim to universal validity is essential to (affirmative) judgements of taste.
But, by parity of reasoning, negative judgements of taste must also be universally valid.
The problem of facial disfigurement, when seen from a cultural perspective, becomes very similar to other social problems such as racism and sexism, but in this case, negative judgements are made on the basis of physical appearance rather than gender or race.
Appeal could also be made on the grounds that facial differences can occur quite arbitrarily and not by any intent of the recipient, and that, therefore, the appearance stereotype is a completely unfair way to apportion negative judgements. There is a great deal of pain and suffering involved in being defined as "facially disfigured," but why should society inflict such punishment on persons who have done no wrong and based on such arbitrary criteria and spurious beliefs?
Of the three causes of facial disfigurement outlined by Converse (1963), congenital, acquired and treatment sequelae, how many can validly be associated with the negative social judgements we know are made of persons with such facial differences?
(22) In fact, it is not entirely clear that Kant understands a judgement of dependent beauty as a combination of these two judgements.
(23) For Kant, beauty is always predicated of the mere form of an object, both in judgements of free and dependent beauty.
