Case Details

Citation(s)
2018 SLG 2271 2018 SLD 2271 2018 PLJ 532
Lahore High Court
I.C.A. No. 294 of 2016, heard on 14.02.2017.
SHAMS MEHMOOD MIRZA, JUSTICE ABDUL SATTAR, JUSTICE
Malik Amjad Mushtaq, Advocate for Appellant. Malik Ali Muhammad Dhol and Malik Muhammad Bashir Lakhaser, Asstt.A.G. for
Respondents.

PRINCIPAL GOVERNMENT COLLEGE OF TECHNICAL TRAINING INSTITUTE

VS

SABIR HUSSAIN AND OTHERS

Law:

Section:

Law Reforms Ordinance, 1972 (XII of 1972)-- ----S. 3, Punjab Civil Servant (Appointment and Conditions) Service Rules, 1974, S. 17-A--Punjab Technical Education and vocational training Authority Act, 2010, Ss. 21 & 23--Punjab Technical Education and Vocational Training Authority Rules, 2011--Constitution of Pakistan, 1973, Art. 199--Appointment as sweeper--Contract basis--Application for converting appointment on regular basis as civil servant--Rejected--Question of--Whether employees of TEWTA are civil servant or not--Challenge to--TEVTA was regulated by Punjab Technical Education and Vocational Training Authority Act, 2010 under terms of which it is a body corporate and is managed by a chairperson and fifteen members--It was further stated that TEVTA has framed its own service regulations for its employees/ and being a statutory corporation Respondent No. 1 could not have been ordered to be regularized as a civil servant--TEVTA under terms of its Act prescribes terms and conditions of employment of officers and other employees--In terms of Section 21 of Act employees of TEVTA are public servants--Punjab Technical Education and Vocational Training Authority Rules, 2011 have been framed under Section 23 of Act which stipulates that TEVTA shall formulate its own service regulations for its employees--Various provisions of TEVTA Act and Rules framed thereunder clearly demonstrate that employees of TEVTA are not civil servants as they are governed by their own service regulations and, therefore, Rule 17-A of Punjab Civil Servant (Appointment and Conditions) Service Rules, 1974 has no applicability on TEVTA employees--Petition allowed. Munawar Hussain Bukhari v. Appellate Authority/Tribunal Alipur District Muzaffargarh and others 2016 SCMR 1087 ref. THIS JUDGMENT DELIVERED BY: Shams Mehmood Mirza, J.- This order shall decide the present appeal as well as ICA No. 295 of 2016 as common questions of law are involved in both the appeals. 2. This intra Court appeal filed under Section 3 of the Law Reforms Ordinance, 1972 seeks to challenge order dated 03.06.2016 passed by the learned Single Judge in Chambers in C.M. No. 3283 of 2016 whereby order dated 18.04.2016…
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