| Citation(s) |
|---|
| 2022 SLG 2355 2022 SLD 2355 2022 PLC 1028 |
Peshawar High Court
Writ Petition No. 1598-P of 2018, decided on 3rd February, 2021.
ROOH UL AMIN KHAN AND MUHAMMAD NASIR MEHFOOZ, JJ
Muhammad Asif Yousafzai for Petitioners. Khalid Rehman Waseem ud Din Khattak for
Respondents.
Writ Petition No. 1598-P of 2018, decided on 3rd February, 2021.
ROOH UL AMIN KHAN AND MUHAMMAD NASIR MEHFOOZ, JJ
Muhammad Asif Yousafzai for Petitioners. Khalid Rehman Waseem ud Din Khattak for
Respondents.
ALTAF, JUNIOR CLERK, STORE PURCHASE SECTION, UNIVERSITY OF PESHAWAR and 3 others
VS
The CHANCELLOR, PESHAWAR UNIVERSITY, PESHAWAR and 2 others
Law:
Section:
Civil service--- ----Contractual employment, regularization of---Scope---Petitioners being contractual employees sought regularization of their services---Validity---Petitioners were serving in the University for a considerable period of thirteen years, however, the Khyber Pakhtunkhwa Universities Act, 2012, governing the University and its employees did not provide any provision under which the petitioners could claim regularization as their vested right---Petitioners having entered into contract of service on the same or similar terms and said conditions having no vested right to seek regularization of their employment, which was discretionary with the employer---Contract employees and fixed salaried employees had no right to claim regularization---Constitutional petitions were dismissed. Civil Review Petitions Nos.61 to 96 and 88 to 91 of 2018; Suo Motu No.69 of 2018; 2013 SCMR 304; Government of Balochistan v. Zahida Kakar 2005 SCMR 642 and 2013 SCMR 13 ref. Civil Petitions Nos.4504 to 4576, 4588 and 4589 of 2017; Government of Khyber Pakhtunkhwa Workers Welfare Board through its Chairman v. Raheel Ali Gohar and others (C.P. No.73 of 2020); Miss Mehwish Asif v. Vice Chancellor Shaheed Benazir Bhutto University and 02 others 2016 MLD 95; Writ Petition No.122-P of 2016 and Mubashar Majeed v. Province of Punjab and 3 others 2017 PLC (C.S.) 940 rel. Date of hearing: 3rd February, 2021. JUDGMENT ROOH-UL-AMIN KHAN, J.----Through this common judgment, we propose to decide the instant writ petition and the following connected writ petitions, as identical question of law and fact is involved therein. i. Writ Petition No.3258-P/2018 Muhammad Ayaz v. Chancellor Peshawar University, Peshawar and others. ii. Writ Petition No.4893-P/2018 Walayat Khan and others v. Chancellor Peshawar University, Peshawar and others. iii. Writ Petition No.5195-P/2019 Mst. Neelam Naz v. Chancellor Peshawar University, Peshawar and others. iv. Writ Petition No.5274-P/2019 Muhammad Haris Khan and another v. Chancellor Peshawar University, Peshawar and others. v. Writ Petition No.6055-P/2019 Muhammad Ali and others v. Chancellor Peshawar University, Peshawar and others. vi Writ Petition…
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