| Citation(s) |
|---|
| 2020 SLG 328 2020 SLD 328 2020 PLC 24 |
Sindh High Court
C.P. No. D-562 of 2012, decision Dated: 07-03-2018. Hearing Dated: 05-03-2018.
IFRAN SAADAT KHAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Faizan Hussain Memon
Respondent(s) by: Usman Tufail Shaikh Nos.2 to 4.
C.P. No. D-562 of 2012, decision Dated: 07-03-2018. Hearing Dated: 05-03-2018.
IFRAN SAADAT KHAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Faizan Hussain Memon
Respondent(s) by: Usman Tufail Shaikh Nos.2 to 4.
NABEELA ASHFAQ
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY DEFENCE AND 3 OTHERS
Law: Constitution of Pakistan, 1973
Section: 5,25(2)
(a) Civil service--- ----Contract employee sought regularization of service from the date of her initial appointment---Validity---Regularization of employees was not part of the terms and conditions of service and same would depend upon the length of service---Employee was appointed on contract basis on 19-09-1994 and since then she had been serving in the Corporation---Colleagues of the employee had been absorbed in the Corporation---Discrimination had been made with the petitioner in circumstances, by the Corporation---Impugned orders passed by the Corporation were declared to be erroneous and of no legal effect---Employer Corporation could not adopt a policy of its own wish and will to make fresh appointment against the posts already held by the employee who had been appointed after going through a transparent procedure---Nothing was on record that employee was inefficient in the field, even she had experience of twenty years in the employer-Corporation---Competent authority was directed by the High Court to consider the case of the employee without any discrimination for regularization of her service in accordance with law---Constitutional petition was disposed of in accordingly. Pakistan International Airline Corporation through Chairman and others v. Samina Masood and others PLD 2005 SC 831; PIA Corporation v. Syed Suleman Alam Rizvi and others 2015 SCMR 1545; I.A. Sharwani and 14 others v. Government of Pakistan through Secretary Finance Division, Islamabad and others 1991 SCMR 1041 and Khawaja Muhammad Asif v. Federation of Pakistan and others 2013 SCMR 1205 rel. (b) Constitution of Pakistan--- ----Art. 5---State functionaries are bound to abide by the Constitution and law. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.--- The Petitioner has sought the following relief:- i. Declare the Respondents to regularize the services of the Petitioners as Sr. Airhostess from the date of her initial appointment. 2. Brief facts of the case as averred by the Petitioner are that she was appointed as Airhostess on contract basis vide appointment letter dated 19.09.1994 and since then she has been serving as Airhostess in the Respondent-Corporation (PIAC) and she…
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