| Citation(s) |
|---|
| 2013 SLG 1749 2013 SLD 1749 2013 PLC 58 |
Lahore High Court
Intra-Court Appeal No.21 of 2012/BWP, decision dated: 15-10-2012
CH. MUHAMMAD YOUNIS AND SHUJAAT ALI KHAN, JJ
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Intra-Court Appeal No.21 of 2012/BWP, decision dated: 15-10-2012
CH. MUHAMMAD YOUNIS AND SHUJAAT ALI KHAN, JJ
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PRINCIPAL, Q.M.C. and others
VS
ASGHAR ABBAS and others
Law:
Section:
(a) Civil service--- ----Employees (petitioners) appointed on daily wages---Termination of service of said employees after three years due to non-availability of requisite funds---High Court directed concerned authority to consider them as permanent employees---Validity---Person working on purely temporary/work-charge basis could not claim status of permanent employee or retention in service or appointment on permanent basis merely on ground for having served department for a long period---Intra-Court Appeal was accepted and impugned order was set aside. Executive Engineer, Central Civil Division, Pak P.W.D. Quetta v. Abdul Aziz and others PLD 1996 SC 610; Abdul Haque v. Manager, Indus Steel Pipe Limited, Kotri 1992 PLC 110; M.A. Rashid v. The Province of the Punjab and 2 others 1987 MLD 153; Federation of Pakistan and another v. Hashim Shah Qureshi 1987 SCMR 156; Mrs. Wasim Akhtar v. WAPDA, through Chairman, WAPDA and 2 others 2006 PLC (C.S.) 191; The Secretary, Government of the Punjab, through Secretary, Health Department, Lahore and others v. Riaz-ul-Haq 1997 SCMR 1552; Abdul Waheed and another v. Secretary, Ministry of Culture, Sports, Tourism and Youth Affairs, Islamabad and another 2002 SCMR 769 and Muhammad Yaqoob v. The Punjab Labour Court No.1 and 5 others 1990 SCMR 1539 ref. Dr. Mubashar Ahmed v. P.T.C.L. through Chairman, Islamabad and another 2007 PLC (C.S.) 737 rel. (b) Civil service--- ----Employee appointed on temporary or work charge basis---Such employee claiming appointment on permanent basis on ground of lengthy period of service---Validity---Such employee could neither claim status of a permanent employee nor would have vested right to be appointment on permanent basis merely for having served department for a long period---Illustration. Dr. Mubashar Ahmed v. P.T.C.L. through Chairman, Islamabad and another 2007 PLC (C.S.) 737 rel. ORDER This is an Intra-Court Appeal under Section 3 of the Law Reforms (Amendment) Act, 1972 against the order dated 9-2-2012 passed by the learned Single Judge of this Court in Writ Petition No.5858 of 2011/BWP. 2. Brief facts of the case are that respondent No.1 Asghar Abbas was appointed as Sewer Man (BS-1) on…
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