| Citation(s) |
|---|
| 2019 SLG 513 2019 SLD 513 2019 PLC 191 |
Lahore High Court
W.P. No. 7477 of 2018, decision Dated: 05-09-2018.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Syed Mujahid Ayub Wasti Muhammad Tahir Saeed Ramay, Assistant Advocate-General.
W.P. No. 7477 of 2018, decision Dated: 05-09-2018.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Syed Mujahid Ayub Wasti Muhammad Tahir Saeed Ramay, Assistant Advocate-General.
IFRA ASJAD
VS
GOVERNMENT OF PUNJAB AND OTHERS
Law:
Section:
Civil service--- ----Contract appointment---Termination from service---Scope---Contention of employee was that she had been terminated without affording any opportunity of personal hearing---Validity---Employee was appointed on contract basis, after accepting terms and conditions of contract employment she submitted her joining report---Employee remained absent from duty and she did not complete her training course which was mandatory---Employee, did not have the requisite qualification for the post in question and made tampering in the marks obtained by her in the qualification certificates---Department issued show cause notice for personal hearing but employee did not attend the Office on the date fixed---Relationship between employer and employee existed that of master and servant in case of contract employment---Constitutional petition would not be maintainable in such a case---No illegality or legal infirmity had been pointed out in the impugned order passed by the department---Constitutional petition was dismissed in limine. Zulqarnain and 2 others v. Surbuland Khan and another 2004 SCMR 1084 and Messrs ARK Industrial Management Ltd. v. Messrs Habib Bank Limited PLD 1991 SC 976 distinguished. Lt. Col. Rtd. Aamir Rauf v. Federation of Pakistan through Secretary M/o Defence and 3 others 2011 PLC (C.S.) 654; Nadeem Ahmed v. Pakistan State Oil Company Limited and another 2005 PLC (C.S.) 1447 and Dr. Abid Ali v. Chief Secretary, Government of Punjab and 3 others 2017 PLC (C.S.). 488 rel. THIS ORDER PASSED BY: JAWAD HASSAN, J.---- Through the instant Constitutional petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"), the Petitioner has challenged the validity of the impugned order dated 27.04.2018 whereby her services have been terminated by the Respondent No.3. The Petitioner also seeks her reinstatement into service with all back benefits. 2. The facts tersely revealed from the petition are that the Petitioner was appointed against the post of SESE (Arts) vide order dated 01.03.2018 in the Respondents Department on contract basis for a period of five years. All of a sudden the Petitioner was…
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