Law:

Section:

(a) Civil service--- ----Appointment---Contract appointment for fixed period or till completion of project---Effect---Such contract would not be taken as commitment made by authority to regularize services of contract employee---Illustration. Waqas Latif and 3 others v. Azad Government and 6 others Civil Appeal No.67 of 2012; Mst. Tanveer Ashraf and 25 others v. Azad Government and 2 others 2011 SCR 528 and Major Muhammad Aftab Ahmed (Retired) v. Azad Jammu and Kashmir Government 1992 SCR 307 rel. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ---Prayer for equitable relief in writ jurisdiction of High Court---Scope---Such relief could not be obtained by making reference to unlawful executive orders. Major Muhammad Aftab Ahmed (Retired) v. Azad Jammu and Kashmir Government 1992 SCR 307 rel. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Civil Procedure Code (V of 1908), O.XXIII, R.1---Application for withdrawal of writ petition---Satisfaction of court regarding formal defect or other sufficient cause would be necessary before allowing such application---Petitioner had failed to point out any formal defect/ground in pending constitutional petition---High Court dismissed the application in circumstances. Sajida Maqsood v. Deputy Commissioner/Collector District Muzaffarabad and others decided on 30-11-2012; Sardar Muhammad Kazim Ziauddin Durrani and others v. Sardar Muhammad Asim Fakhuruddin Durrani and others 2001 SCMR 148 and Salma Khalil and 3 others v. Rashida Siddiquee and another 2000 CLC 260 rel. ORDER: M. TABASSUM AFTAB ALVI, J.--- The supra titled writ petitions have been addressed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. 2. As common questions of facts and law are involved in both the captioned writ petitions, therefore, I propose to decide the same through this single order. 3. Precise facts giving rise to Writ Petition No.248 of 2009 are that petitioners are first class State Subjects being qualified as Sub-Engineers and diploma holders in Civil Engineering. It is claimed that petitioner No.1 is highly qualified as Bachelor of Technology. The…

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