| Citation(s) |
|---|
| 2020 SLG 974 2020 SLD 974 2020 SCMR 1041 |
Supreme Court of Pakistan
Civil Petition No. 2911 of 2018, decided on 29th April, 2020, Date of hearing: 29th April, 2020.
IJAZ UL AHSAN, JUSTICE
Nasir Mehmood, Advocate Supreme Court and Mehmood A. Sh., Advocate-on-Record for Petitioners. Nemo for
Respondents.
Civil Petition No. 2911 of 2018, decided on 29th April, 2020, Date of hearing: 29th April, 2020.
IJAZ UL AHSAN, JUSTICE
Nasir Mehmood, Advocate Supreme Court and Mehmood A. Sh., Advocate-on-Record for Petitioners. Nemo for
Respondents.
OWAIS SHAMS DURRANI AND OTHERS
VS
VICE CHANCELLOR, BACHA KHAN UNIVERSITY, CHARSADDA AND ANOTHER
Law:
Section:
(a) Khyber Pakhtunkhwa Universities Act (X of 2012)--- ----S. 11(5)(d)--- Upper Division Clerks--- Contract appointments converted into fixed pay (employment) for one year---Whether such employees had right to regularization in service---Held, that the petitioners' appointments were made in terms of S. 11(5)(d) of the Khyber Pakhtunkhwa Universities Act, 2012, (Act, 2012) which limited the power of the Vice Chancellor to create temporary posts and make appointments to a maximum period of three yearss worked for three years and thereafter their contracts expired with afflux of time---Further re-appointment of petitioners on fixed pay for a period of one year only was done through a notification, and on expiry of such period their services were terminated---Said notification did not confer any right to seek regularization and the University reserved to itself the right of termination of petitioners' services at any time/ stage without serving any prior notice to that effect to thems accepted such appointments and did not challenge the notification before the terms of their appointments expired---Moreover the petitioners were appointed directly without following any process requiring advertisement of the posts, open competition, transparency in the process of appointment and appointments on merit through a validly constituted Selection Committee---Initially having been appointed on contract basis there was no vested right of petitioners to seek regularization in terms of settled principles of law as well as the provisions of S. 11(5)(d) of the Act, 2012---Petition for leave to appeal was dismissed and leave was refused. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Relief---Scope---Where a citizen sought relief in constitutional jurisdiction he must point to a right statutory or constitutional which vested in him and had been denied in violation of the law. ORDER IJAZ UL AHSAN, JUSTICE:---.--- The petitioners seek leave to appeal against a judgment of the Peshawar High Court, Peshawar dated 12.04.2018 ("impugned judgment"). Through the impugned judgment, a constitutional petition filed by the petitioners was…
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