| Citation(s) |
|---|
| 2015 SLG 948 2015 SLD 948 2015 PLC 1506 |
Peshawar High Court
W.P.No. 3249-P of 2014, decided on 20th November, 2014. Date of hearing: 20th November, 2014.
YAHYA AFRIDI AND HAIDER ALI KHAN, JJ
Abdul Samad Khan for Petitioner. Abdul Latif Yousafzai, Advocate-General. Syed Hamad Ali Shah for
Respondents Nos. 2 and 3.
W.P.No. 3249-P of 2014, decided on 20th November, 2014. Date of hearing: 20th November, 2014.
YAHYA AFRIDI AND HAIDER ALI KHAN, JJ
Abdul Samad Khan for Petitioner. Abdul Latif Yousafzai, Advocate-General. Syed Hamad Ali Shah for
Respondents Nos. 2 and 3.
Sardar AMINULLAH KHAN
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary and 2 others
Law:
Section:
Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Contractual employment---Probation period---Termination of service---Scope---Petitioner was terminated before completion of the term fixed---Contention of petitioner was that he could not be terminated during the period of probation without proceeding in accordance with law---Validity---Petitioner was appointed on contract for a period of three years with the first year as a period of probation---Termination could take place during the said period without assigning any reason---One month prior notice of termination or one month pay in lieu thereof was to be paid---If termination during the period of probation was not for a misconduct, there was no requirement for providing any reason or proceedings against terminated employee through a regular inquiry---Principle of "master and servant" was applicable in the present case---Unwilling master could not be compelled for reinstatement by the High Court under constitutional jurisdiction---If petitioner was still aggrieved of his termination of contract of service, he might if so advised sought his remedies but before the competent forum---Constitutional petition was dismissed in circumstances. Dr. Imran Khattak and another v. Ms. Sofia Waqar Khattak, PSO to Chief Justice and others 2014 SCMR 122 ref. Aslam Warraich and others v. Secretary, Planning and Development Division and 2 others 1991 SCMR 2330; Dr. Naveeda Tufail and 72 others v. Government of Punjab and others 2003 PLC (C.S.) 69; Muhammad Aslam v. Vice-Chairman and others 2010 PLC (C.S.) 266; High Court Bar Association and others v. Government of Balochistan PLD 2013 Bal. 75; PLD 2013 SC 443 and Muhammad Tariq Malik v. Pakistan through Secretary Establishment Division PLD 2014 Isl. 33 distinguished. Agha Salim Khurshid's case 1998 SCMR 1930; Syed Zia-ul-Hassan Kazmi's case 1998 SCMR 60; Tanveer-ur-Rehman's case PLD 2011 SC 676; Muhammad Azam Chattha's case 2013 SCMR 120 and Lt. Col. Syed Jawaid Ahmed's case 2013 SCMR 1707 rel. JUDGMENT YAHYA AFIRDI, J.--- Sardar Aminullah Khan, the petitioner, seeks constitutional jurisdiction of this Court praying that:--- "For the aforesaid…
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