| Citation(s) |
|---|
| 2013 SLG 1909 2013 SLD 1909 2013 PLC 162 |
Islamabad High Court
Writ Petition No.2985 of 2011, heard on 1st June, 2012.
IQBAL HAMEEDUR RAHMAN, C.J.
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Writ Petition No.2985 of 2011, heard on 1st June, 2012.
IQBAL HAMEEDUR RAHMAN, C.J.
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KALIM ULLAH KHAN
VS
SECRETARY CAPITAL ADMINISTRATIVE AND DEVELOPMENT DIVISION PAKISTAN SECRETARIAT, ISLAMABAD and 2 others KALIM ULLAH KHAN vs SECRETARY CAPITAL ADMINISTRATIVE AND DEVELOPMENT DIVISION PAKISTAN SECRETARIAT, ISLAMABAD and 2 others
Law:
Section:
Constitution of Pakistan-------Art. 199---Constitutional petition---Employee of Capital Development Authority working on daily wages for last two years by granting him extension---Termination of petitioner's service by Authority without proper written order---Validity---Authority as per verbal order had declined to grant extension in service to petitioner---Person appointed. through written order would be required to be informed through a written order about non-extending his services---Impugned verbal order had no legal backing, thus, was not sustainable under law---Petitioner was entitled to regularization of his service---High Court accepted constitutional petition in circumstances. 2007 SCMR 1328 rel. Muhammad Qaboor Khattak for Petitioner. Tariq Mahmood Jahangiri, Dy. A.-G. for Respondents.Date of hearing: 1st June, 2012. JUDGMENT IQBAL HAMEEDUR RAHMAN, CJ.--- Through the instant constitutional, petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has made the following prayers:--- "It is, respectfully prayed that this Court may be pleased to issue direction to the respondents:--- (a) to pass appropriate order with regard to the continuity of the petitioner's service along with all the back benefits, e.g. wages etc. for the period from 1-8-2010 till final payment. (b) The services of the petitioner be regularized as has been done vide Capital Administration Development Office Order dated 23-6-2011 in similar cases." 2. The petitioner, in the writ petition has alleged that he was appointed by respondent No.3 on daily wages basis w.e.f. 16-4-2008 to 14-7-2008 @ Rs.172 per day. Thereafter, the petitioner was granted extensions vide Office orders dated 16-7-2008, 15-10-2008, 5-11-2008 and 2-1-2009 w.e.f. 15-7-2008 to 12-10-2008, w.e.f. 13-10-2008 to 12-11-2008, w.e.f. 13-11-2008 to 12-12-2008 and w.e.f. 13-12-2008 to 31-12-2008, however, vide office order dated 14-5-2010, he was posted in Computer Lab-II. The petitioner has further alleged that without any complaint about his performance his services were termination on 1-8-2010 through verbal order, hence, the instant writ petition. 3. In response to the…
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