| Citation(s) |
|---|
| 2022 SLG 393 2022 SLD 393 2022 PLC 157 |
Lahore High Court
Writ Petition No. 2477 of 2017, decision dated: 10-06-2021. hearing date: 26-05-2021.
ANWAAR HUSSAIN, JUSTICE
Pervaiz Inayat Malik for Petitioner. Asif Afzal Bhatti, Additional Advocate General along with Nasir Ali, Law Officer, P&SHCD, Raja Naeem Ahmad, Deputy Secretary, Punjab Public Service Commission and Tariq Mahmood, Superintendent, Punjab Public Service C
Writ Petition No. 2477 of 2017, decision dated: 10-06-2021. hearing date: 26-05-2021.
ANWAAR HUSSAIN, JUSTICE
Pervaiz Inayat Malik for Petitioner. Asif Afzal Bhatti, Additional Advocate General along with Nasir Ali, Law Officer, P&SHCD, Raja Naeem Ahmad, Deputy Secretary, Punjab Public Service Commission and Tariq Mahmood, Superintendent, Punjab Public Service C
ASIF MUSHTAQ
VS
GOVERNMENT OF THE PUNJAB THROUGH CHIEF SECRETARY AND 2 OTHERS
Law:
Section:
(a) Civil service--- ----Termination of service---Regularization of service---Scope---Challenge to validity of order passed by Service Tribunal---Maintainability---Scope invoked the constitutional jurisdiction of High Court on the ground that his wrongful termination deprived him from being regularized along with other similarly placed employees and his representation in that regard was wrongly rejected---Validity had assailed the order of his termination before the Service Tribunal by filing appeal and had sought reinstatement into service, which appeal was partially allowed---While the words stigmatizing the petitioner were deleted but his termination was never set aside---Judgment of the Service Tribunal had attained finality---Regularization could not be directed without reinstatement, which would otherwise imply the High Court sitting as an appellate forum of the Service Tribunal, which the Constitution debarred---Ad hoc employee had neither the right to hold the post beyond the period for which he was appointed nor the government had a right to continue with such ad hoc appointee for a long period---Moreso, when the petitioner had not been in ad hoc employment even for a year let alone for a long time creating any hope or legitimate expectation of retention, then he could not be considered for regularization---Constitutional petition was dismissed. Dr. Naveeda Tufail and 72 others v. Government of Punjab and others 2003 SCMR 291; Muhammad Sheraz’s case I.C.As. Nos.188 and 193 of 2012; Abu Bakar Farooq through Chairman and others v. Muhammad Ali Rajpar and others 2019 SCMR 830 and Dr. Jamshed Dilawar and 2 others v. Government of the Punjab through Chief Secretary and 4 others 2021 PLC (C.S.) 411 rel. (b) Civil service--- ----Ad hoc appointment---Scope---Ad hoc employee has neither the right to hold the post beyond the period for which he is appointed nor the government has a right to continue with such ad hoc appointee for a long period of time. Abu Bakar Farooq through Chairman and others v. Muhammad Ali Rajpar and others 2019 SCMR 830 rel. JUDGMENT ANWAAR HUSSAIN, JUSTICE:---.--- The petitioner, who was employed as Hospital Pharmacist (BS-17), on ad hoc…
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