Case Details

Citation(s)
2019 SLG 512 2019 SLD 512 2019 PLC 155
Supreme Court (AJ&K)
Civil Appeals Nos. 141 and 142 of 2016, decision Dated:28-04-2017. Hearing Dated: 30-03-2017. (On appeal from thejudgment of the High Court Dated 01.07.2016 in WritPetitions Nos. 104, 170, 220 and 2009 of 2016).
CH. MUHAMMAD IBRAHIM ZIA, CHIEF, JUSTICE
Petitioner(s) by: Sheikh Masood Iqbal, Advocate (in Civil Appeal No.141 of 2016).Masood A. Sheikh, Advocate (in Civil Appeal No.142 of 2016).
Respondent(s) by: Raza Ali Khan, Advocate-General and Raja Inamullah, Advocate (in Civil Appeals Nos.141 and 1

RAJA SAEED AKRAM KHAN, JZULFIQAR AZAM AND OTHERSVSAZAD GOVERNMENT THROUGH CHIEF SECRETARY, MUZAFFARABAD AND OTHERS

Law:

Section:

Civil service--- ----Contractual employees---Principle of estoppel---Scope---Appellants impugned order of High Court, whereby their writ petition against the termination of their contract of service, was dismissed---Contention of appellants, inter alia, was that their termination before expiry of their contract of service, was illegal and unconstitutional---Validity---Perusal of the notification of appointment, which was accepted by appellants, revealed that the contract of service could be terminated without assigning of any reason either on 30 days' prior notice or payment of one month's salary---Appellants, therefore, by their own conduct, were estopped from challenging their termination orders, as a person who accepted the conditions of a notification and assumed charge of his office, subsequently could not turn around and claim relief in negation of such conditions---No illegality existed in impugned order---Appeals were dismissed, in circumstances. Azad Government and others v. Dr. Muhammad Amin 2014 SCR 258 rel. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, CJ--- The itled appeals by leave of the Court have been filed against the consolidated judgment of the High Court dated 01.07.2016, whereby separate writ petitions filed by the appellants, herein, have been dismissed. 2. The case of appellant, Zulfiqar Azam, is that he was appointed as Director General Mangla Dam Housing Authority on contract basis vide notification dated 30.05.2014. His terms and conditions were to be determined later on. The same were determined vide notification dated 30.10.2014 and his service tenure was further extended for one year. According to condition (a) of said notification his appointment was made on contract basis and regulated by the Azad Jammu and Kashmir Contract Appointment Policy, 2006, whereas, according to condition (b) the period of contract was extendable for a further period of one year. Vide notification dated 17.05.2016 his service tenure was further extended for one year. He filed Writ Petition No.104/2016 before the High Court for protection of order dated 17.05.2016. The learned High Court vide order dated 17.10.2016 issued the prayed interim…
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