Case Details

Citation(s)
2016 SLG 688 2016 SLD 688 2016 PLC 656

Writ Petition No. 109 of 2014, decided on 20th October, 2015. Date of hearing: 20th October, 2015.
MUHAMMAD ALAM AND WAZIR SHAKEEL AHMED, JJ
Basharat Hussain and Tanveer Akhtar for Petitioner. Assistant Advocate General for
Respondents.

ATTAULLAH

VS

PROVINCIAL GOVERNMENT through Chief Secretary and 7 others

Law:

Section:

(a) Civil service--- ----Work charge appointment---Scope---Service of work charge appointee would be terminated as and when the contractor completed the project---Parties had agreed to adhere to terms and conditions of service---Terms and conditions of work charge service, were applicable to the case of petitioner-employee---No such terms and conditions of service of the petitioner-employee had been violated by the department---Nothing was on record with regard to discontinuance of salaries of petitioner-employee---Writ petition was not maintainable in its present form which was dismissed in circumstances---Petitioner-employee would be at liberty to move any forum for the remedies sought through present writ petition if relevant law allowed so. (b) Civil service--- ----'Work charge appointment'---Scope---Service of work charge appointee would be terminated as and when the contractor completed the project. (c) Words and phrases--- ----'Work charge appointment'---Meaning. JUDGMENT MUHAMMAD ALAM, J.--- This is a writ petition seeking the following directions against the respondents:-- "It is therefore humbly pray that this Hon'ble Court may kindly be given directions to the respondents to issue/continue the pay / salary of the petitioner from date of the discontinues (July 2011) to meet the ends of justice." 2. The admitted state of affairs is that through order No.E-16/Admn/IX/1874/2010, issued from the office of the then respondent No.4, petitioner was appointed against the post of Road Coolly (BPS-02) and the following office order was passed:- No.E-16/Admn/IX/1874/2010 GOVERNMENT OF PAKISTAN EXECUTIVE ENGINEER B&R DIVISION GB PWD Gilgit dated 12 Aug, 2010. OFFICE ORDER Subject: APPOINTMENT OF WC STAFF With immediate effect Mr. Attaullah s/o Mast Khan r/o Minawar Gilgit (WC) is hereby appointed as R/Coolly BPS-2 on running pay against the maintenances A-13602 others plus others usual allowances and till further orders. Other terms and conditions of work charge services will remain the same. Sd/xxx (Engr. Basharatullah) EXECUTIVE ENGINEER Distribution 1. SDO-II. 2. DAO. 3. P/Concerned. 4. Office copy SDC Iqbal Get joining report and depute on duties through…
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