| Citation(s) |
|---|
| 2017 SLG 751 2017 SLD 751 2017 PLC 878 |
Supreme Court (AJ&K)
Civil Appeal No. 18 of 2013, decision dated: 17-05-2013.Hearing dated: 03-04-2013. (On appeal from the judgment ofthe High Court, dated 2.1.2013 in Writ Petition No. 1611 of2012).
MOHAMMAD AZAM KHAN, CHIEF, JUSTICE, CH. MUHAMMAD IBRAHIM ZIA, JUSTICE, RAJA SAEED AKRAM KHAN, JUSTICE
Petitioner(s) by: Raja Muhammad Hanif Khan, Advocate
Respondent(s) by: Ch. Muhammad Latif, Advocate
Civil Appeal No. 18 of 2013, decision dated: 17-05-2013.Hearing dated: 03-04-2013. (On appeal from the judgment ofthe High Court, dated 2.1.2013 in Writ Petition No. 1611 of2012).
MOHAMMAD AZAM KHAN, CHIEF, JUSTICE, CH. MUHAMMAD IBRAHIM ZIA, JUSTICE, RAJA SAEED AKRAM KHAN, JUSTICE
Petitioner(s) by: Raja Muhammad Hanif Khan, Advocate
Respondent(s) by: Ch. Muhammad Latif, Advocate
MOHAMMAD AZAM KHAN, CHIEF JUSTICECH. MUHAMMAD IBRAHIM ZIA, JUSTICERAJA SAEED AKRAM KHAN, JUSTICEMAJ. (RTD.) MAJID HUSSAIN, DIRECTOR ESTATE, MIRPur UNIVERSITY OF SCIENCE AND TECHNOLOGY (MUST), MIRPur AND 52 OTHERSVSVice Chancellor MIRPur UNIVERSI
Law: Establishment (Recruitment) Statutes, 1983
Section: R.12
(a) Civil service--- ----Contract appointment--- Regularization of service--- Petitioners-employees were appointed on contract basis---Writ petition filed by the employees for regularization of their services was dismissed---Validity---Employees were appointed on contract basis with the condition that their services might be terminated on one month's notice from either side---Constitution had guaranteed the fundamental right of equality before law---Purpose of equality before law in case of appointment against public office could only be achieved through open transparent competitive method of selection on merit---Permanent appointment or regularization as permanent against public office or in civil service or statutory bodies could only be made on the basis of selection on merit---Merit was precondition of advertisement of vacancy---Any person who had been appointed on contract basis could not as of right claim regularization on permanent basis---Residuary powers under R.12 of Establishment (Recruitment) Statutes, 1983 were vested in the authority to meet the specific eventuality in exceptional circumstances---Exception could not be adopted as a general rule---Mere non-filing of counter affidavit could not be treated as a valid reason to frustrate the spirit of law---Affidavits were normally accepted with regard to question of fact which otherwise could not be established from record or other evidence---Even an affidavit could not be given preference over record or the documents---No illegality or infirmity had been pointed out in the impugned passed by the High Court---Appeal was dismissed in circumstances. Pakistan International Airlines Corporation (PIAC) through Chairman and others v. Nasir Jamal Malik and others 2001 SCMR 934; Muhammad Nasrullah Khan and another v. Federation of Pakistan through Secretary Establishment Division and others 2001 PLC (C.S.) 1168; Shrin Munir and others v. Government of Punjab through Secretary Health, Lahore and anther PLD 1990 SC 295; Irfan Anwar Baloch v. Secretary, Ministry of Communications Islamabad and 4 others 1997 PLC (C.S.) 792 and Abdul Razzak v. Chief Minister Sindh, Karachi and others 1993 PLC (C.S.) 692…