| Citation(s) |
|---|
| 2015 SLG 3087 2015 SLD 3087 2015 PLC 1235 |
Sindh High Court
Constitutional Petition No. D-2934 of 2013, decided on 24th December, 2014. DATE of hearing: 6th November, 2014
NADEEM AKHTAR AND MUHAMMAD IQBAL KALHORO, JJ
Abdul Ghaffar for Petitioner. Khalid Javed for
Respondents.Abdul Qadir Leghari, Standing Counsel
Constitutional Petition No. D-2934 of 2013, decided on 24th December, 2014. DATE of hearing: 6th November, 2014
NADEEM AKHTAR AND MUHAMMAD IQBAL KALHORO, JJ
Abdul Ghaffar for Petitioner. Khalid Javed for
Respondents.Abdul Qadir Leghari, Standing Counsel
SHAHID RAHIM
VS
BOARD OF TRUSTEES OF KARACHI through Chairman, Karachi and another
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Discrimination---Effect---Contractual employment---Scope---Father of petitioner (employee) died during service and he was appointed in terms of "package for families of deceased employees"---Petitioner (employee) was intimated that his service period would complete on 26-7-2013---Contention of petitioner (employee) was that services of several employees working on contract basis had been regularized and letter informing him with regard to his service was mala fide and discriminatory---Validity---Agreement designed to govern the terms and conditions of contract was signed by the parties---Petitioner (employee) had agreed to be appointed on contract for a period of two years only---Dispensing with the requirement of filling up a given post after advertising was without any purpose but to facilitate a successor of a deceased employee to avoid a competition so that he could get a job for the time being without hindrance---Object of such appointment was to extend a helping hand for two years to the bereaved family---Petitioner (employee) was intimated through the impugned letter that his service period of two years on contract would complete on 26-7-2013--No illegality had been pointed out in issuing such letter--Case of petitioner (employee) did not match with those contract employees who had been appointed by the department after following the prescribed procedure for appointment---Petitioner (employee) had not been able to bring on record any material suggesting discrimination against or inequality of treatment meted out to him by the department---Petitioner's appointment was contractual in nature and was the result of a particular scheme meant to provide some relief to the bereaved family of a deceased employee---Contractual employment did not confer any vested right upon the employee to continue in his service on permanent basis without going through a procedure prescribed under the rules/policy for appointment of the post he was working on---Petitioner (employee) had no case on merits---Constitutional petition was dismissed in circumstances, however department was directed…
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