| Citation(s) |
|---|
| 2020 SLG 501 2020 SLD 501 2020 PLC 217 |
Peshawar High Court
Writ Petition No. 3987-P of 2019, decision & hearing Date : 5th September, 2019
WAQAR AHMAD SETH, JUSTICE MUHAMMAD NAEEM ANWAR, JUSTICE
Liaqat Ali Khan for Petitioner. Nemo being in motion for
Respondents.
Writ Petition No. 3987-P of 2019, decision & hearing Date : 5th September, 2019
WAQAR AHMAD SETH, JUSTICE MUHAMMAD NAEEM ANWAR, JUSTICE
Liaqat Ali Khan for Petitioner. Nemo being in motion for
Respondents.
ASMAT ULLAH JAN
VS
M/S NATIONAL BANK OF PAKISTAN THROUGH PRESIDENT/CEO AND 4 OTHERS
Law:
Section:
Civil service--- --Contract appointment---Extension of---Scope---Petitioner being a contract employee could not force for the extension of contract period---High Court under constitutional jurisdiction could not force any statutory body (employer) to extend the contract---Arrears of services rendered without any written employment could be determined by the Courts of ordinary jurisdiction and not by the High Court---No question of violation of fundamental rights involved in the constitutional petition, same was dismissed. Government of Baluchistan v. Dr. Zahida Kakar 2005 SCMR 642; Federation of Pakistan and another v. Hashim Khan Qureshi 1987 SCMR 156; Dr. Muhammad Ahmad v. PTCL through Chairman Islamabad and others 2007 PLC (C.S.) (sic); Malik Muhammad Jalil v. Federal Secretary for Defense 2019 CLC 127 and Ashraf Ali Akhanda v. Abdul Awal and others PLD 1968 Quetta 962 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD NAEEM ANWAR, JUSTICE:---.--- Through the instant writ petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner has prayed for the following relief:- a. To renew the contract of the petitioner as per agreed terms up to 22.11.2019 b. The petitioner be paid by the respondents the arrears of services rendered amounting to Rs.900,000.00 for 06 months (six months) from 23.11.2018 to 22.05.2019 with outstanding bills. 2. Epigrammatic features, as per contents of petition, are that petitioner was engaged on retainership basis, on the agreed terms and conditions for a period of "one year" commencing from 19.11.2016, for monthly retainship fee of Rs.80,000/-. It was stipulated that renewal of retain ship shall be at the exclusive option of respondent/bank. Contract of petitioner was extended by respondent-bank for another one year from November 24, 2017 to November 23, 2018 on the term already agreed earlier. Petitioner requested for extension through application dated November 20, 2018 but no such extension was accorded in black and white, however, as contended by petitioner, he was verbally permitted to carry on the services. It was averred that as the retainership is not being extended explicitly, hence this petition.…
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