| Citation(s) |
|---|
| 2014 SLG 177 2014 SLD 177 2014 PLC 516 |
Islamabad High Court
Writ Petition No. 2841 of 2011, decided on 5th July, 2012. Date of hearing: 2nd July, 2012.
NOOR-UL-HAQ N. QURESHI, J
Muhammad Ramzan Khan for Petitioner. Barrister Afzal Hussain for
Respondent No. 2.
Writ Petition No. 2841 of 2011, decided on 5th July, 2012. Date of hearing: 2nd July, 2012.
NOOR-UL-HAQ N. QURESHI, J
Muhammad Ramzan Khan for Petitioner. Barrister Afzal Hussain for
Respondent No. 2.
REHAN ALI
VS
MINISTRY OF TECHNICAL PROFESSIONAL through Secretary and 3 others
Law:
Section:
(a) National Vocational and Technical Training Commission Act (XV of 2011)--- ----Ss. 15 & 17---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Organization with non-statutory Rules---"Public servant" and "civil servant"---Distinction---Contract employee seeking regularization of service---Petitioner was appointed in National Vocational and Technical Training Commission ("the Commission") on contract basis and pleaded that despite performing his duties honestly for more than 2 years, he had not been regularized; that present constitutional petition against the Commission was maintainable as S.15 of National Vocational and Technical Training Commission Act, 2011 defined all employees of the Commission as "public servants"---Validity---Section 15 of National Vocational and Technical Training Commission Act, 2011 defined all employees of the Commission as "public servants", but every public servant must not be considered a "civil servant"---Even if petitioner was deemed to be a "civil servant", then his appeal lay to the (Service) Tribunal---Rules framed under S.17 of National Vocational and Technical Training Commission Act, 2011 were not approved as yet by the Government, therefore, same were non-statutory---Constitutional petition against the Commission was not maintainable in such circumstances---Service rules of the Commission did not contain any provision for regularization of contract or daily wage employees, therefore petitioner could not claim regularization in service as a right---No right of petitioner had been violated----Petitioner was removed from service and preferred a petition before the Labour Court, and he had also filed a representation before the Prime Minister, which was pending adjudication---Constitutional petition was dismissed in circumstances. (b) Constitution of Pakistan--- ---Art. 199--- Constitutional petition--- Maintainability--- Organization with non-statutory rules---Constitutional petition against organization with non-statutory rules by an employee regarding his service matter was not maintainable---Illustration. (c) Civil service--- ----"Public servant" and "civil…
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