| Citation(s) |
|---|
| 2022 SLG 1667 2022 SLD 1667 2022 PLJ 22 |
Peshawar High Court
W.P. No. 746 of 2019, decided on 24.2.2021.
QAISER RASHID KHAN HCJ &MUHAMMAD NAEEM ANWAR, J.
M/s. Waseem-ud-Din Khattak and Muhammad Ayaz Khan, Advocates for Petitioners. Mr. Mansoor Tariq, Advocate for
Respondents.
W.P. No. 746 of 2019, decided on 24.2.2021.
QAISER RASHID KHAN HCJ &MUHAMMAD NAEEM ANWAR, J.
M/s. Waseem-ud-Din Khattak and Muhammad Ayaz Khan, Advocates for Petitioners. Mr. Mansoor Tariq, Advocate for
Respondents.
RAZA ALI KHATTAK and 3 others
VS
VICE CHANCELLOR, ABDUL WALI KHAN UNIVERSITY, MARDAN and 2 others
Law:
Section:
Khyber Pakhtunkhwa Universities Act, 2012 (X of 2012)-- ----S. 115(5)(d)(e)--Appointed as superintendent--Upgradation of post--Contractual appointment--Expiration of contract--Termination of services--Challenge tos were contractual employees of respondents’ University for period of one year or till arrival of regular selectees and as per clause (1) of terms and conditions of their appointment orders, their services were to be terminated at any time without serving any prior notice--There are no provisions in KPK Universities Act, 2012 (as amended by Act, 2016) under which they could claim their regularization as a right--It has now been settled by apex Court that all employees having entered into contracts of service on same or similar terms and conditions have no vested right to seek regularization of their employment--Petition dismissed. 2020 SCMR 1041 ref. 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, the post of Superintendent was upgraded from BPS-16 to BPS-17 in the Syndicate meeting held on 08.08.2014 by adopting the Finance Department notification dated 20.05.2014. The University regularized some of its employees, while the petitioners were not treated alike; therefore, they filed a Writ Petition No. 4639-P/2016 before this Court on the plea of discrimination, which was disposed of on 10.05.2018. The operative part of the judgment, for convenience, is reproduced herein below: “3. The worthy counsel for the respondents- University resisted the contention…
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