| Citation(s) |
|---|
| 2016 SLG 750 2016 SLD 750 2016 PLC 589 |
Sindh High Court
C.P. No. D-5337 of 2013, decided on 7th May, 2015. Date of hearing: 3rd April, 2015.
MUNIB AKHTAR AND MRS. ASHRAF, JAHAN, JJ
M.B. Khatian for Petitioner. Kazim Raza Abbasi for
Respondent No. 3.
C.P. No. D-5337 of 2013, decided on 7th May, 2015. Date of hearing: 3rd April, 2015.
MUNIB AKHTAR AND MRS. ASHRAF, JAHAN, JJ
M.B. Khatian for Petitioner. Kazim Raza Abbasi for
Respondent No. 3.
SAEED AHMED SETHAR
VS
PROVINCE OF SINDH through Chief Secretary, Government of Sindh and 2 others
Law:
Section:
Civil service--- ----Contract employee---Termination of service---Scope---Contract employee had no vested right created in his favour---Post, in the present case, was advertised and petitioner, a contract employee also participated in the process---Selection was made on merit by the Selection Committee---Nothing was on record with regard to lack of qualification of respondent---Petitioner having no locus standi to challenge the appointment of respondent---No fundamental right of petitioner having been infringed to invoke constitutional jurisdiction of High Court, constitutional petition was dismissed in limine. Mukhtar Ahmed and 37 others v. Government of West Pakistan through the Secretary Food and Agriculture and another PLD 1971 SC 846; Arshad Jamal v. N.W.F.P. Forest Development Corporation and others 2004 SCMR 468 and Human Rights Cases Nos.57701-P, 57719-G, 57754-P, 58152-P, 59036-S, 59060-P, 54187-P, and 58118-K of 2010 and SMC No.24 of 2010 PLD 2011 SC 205 distinguished. Trustees of the Port of Karachi v. Saqib Samadani 2012 SCMR 64; Government of Balochistan, Department of Health through Secretary Civil Secretariat, Quetta v. Dr. Zahida Kakar and 43 others 2005 SCMR 642 and SMC No.15/2010 2013 SCMR 304 rel. JUDGMENT MRS. ASHRAF JAHAN, J.--- The Petitioner Saeed Ahmed Sethar has filed this petition with the following prayers: "A. Declare the Summary dated 05.11.2013 and any notification in consequent thereof is illegal, ultra-vires, null, void and not binding as per law. B. Declare the selection of the Respondent No.3 as Consultant is against the Terms of References (TOR) as such not good in the eyes of law deserved to be set aside. C. Direct the official respondents to reconsider the case of the petitioner as per Terms of References (TOR) for the post of Consultant. D. Grant any other relief deems fit and proper under the circumstances. E. Award the cost of the petition." 2. The facts forming background of this petition as per narration by the petitioner are that he was working as Additional Secretary (Power) Electric Power Department, Government of Sindh, during his job tenure in addition to his own duties he was also entrusted with the charge of the…
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