Case Details

Citation(s)
2022 SLG 2448 2022 SLD 2448 2022 PLC 1540
Peshawar High Court
Writ Petition No. 746 of 2019, decided on 24th February, 2021.
QAISER RASHID KHAN, CJ AND MUHAMMAD NAEEM ANWAR, J

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RAZA ALI KHATTAK and 3 others

VS

Vice Chancellor ABDUL WALI KHAN UNIVERSITY, MARDAN and 2 others

Law:

Section:

(a) Khyber Pakhtunkhwa Universities Act (X of 2012)--- ----S.11(5)(e)---Contractual employment---Regularization of services---Scope---Petitioners where aggrieved of issuance of an office order whereby they were relieved from their services---Validity---Petitioners were appointed as contractual employees of the respondent for a period of one year or till the arrival of regular selectees and as per Cl. (1) of terms and conditions of their appointment orders their services were to be terminated at any time/stage without serving any prior notice---Petitioners though had served in the university from the years 2013 to 2019 but there was no provision in the Khyber Pakhtunkhwa Universities Act, 2012, under which they could claim their regularization as a right---Constitutional petition was dismissed. Owais Shams Durani and others v. Vice-Chancellor Bach Khan University, Charsadda and another 2020 SCMR 1041 rel. (b) Civil service--- ----Contractual employment---Scope---Employees having entered into contract of service had no vested right to seek regularization of their employment, which was discretionary with the master and the master was well within his rights to retain or dispense with the service of his/its Employees on the basis of satisfactory or otherwise performance. PLD 2011 SC 132; 2013 SCMR 302; 2005 SCMR 642; 2016 MLD 95; 2013 SCMR 13; 2013 SCMR 304 and 2017 PLC (C.S.) 940 ref. Date of hearing: 24th February, 2021. JUDGMENT MUHAMMAD NAEEM ANWAR, J.---Raza Ali Khattak and three others, the petitioners herein, have filed the instant petition seeking constitutional jurisdiction of this Court to declare the office order dated 09.01.2019 issued by the respondents' University, whereby they have been relieved from their services, to be illegal, unlawful and without jurisdiction with added prayer to direct the respondents-University to implement the judgment dated 10.05.2018 passed by this court in Writ Petition No. 4639/2019 by issuing notification of their regularization. 2. Fact of the case, succinctly, as reflected from the record, is that the petitioners were appointed as Superintendent (BPS-16) in the respondents' university in the year, 2013. Subsequently,…
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