Law: Constitution of Pakistan, 1973

Section: 199

(a) Interpretation of statutes--- ----Reading down, principle of---Object, purpose and scope---Object of reading down is primarily to save statute and in doing so, paramount question would be, whether in the event of reading down can the statute remain functional; Second would the Legislature have enacted the law if that issue had been brought to its notice, which is being agitated before the Court. Mumtaz Hussain v. Dr. Nisar Khan 2010 SCMR 1254 rel. (b) Civil service--- ----Contract employment---Regularization---Length of service---Petitioners were contract employees who completed their contract period and they were relieved for service---Petitioners sought their regularization in service on the basis of period already served---Validity---Person employed on contract basis had no vested right to regularization---By mere efflux of time, an employee could not be regularized and knock on the door of High Court for the same---Services of an ad hoc / contract / fix pay employee could only be regularized if the same was backed by law / statute / rules / regulations---Contract employee could neither maintain Constitutional petition for enforcement of terms and conditions of his service, nor for renewal of contract or for the extension of contract period of his employment---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances. Haroon-ur-Rashid v. Lahore Development Authority and others 2016 SCMR 931; Province of Sindh through Chief Secretary and others v. M.Q.M. through Deputy Convener and others PLD 2014 SC 531; Khushal Khan Khattak University through Vice-Chancellor and others v. Jabran Ali Khan and others 2021 SCMR 977; Government of Khyber Pakhtunkhwa Workers Welfare Board v. Raheel Ali Gohar 2020 SCMR 2068; Pakistan Telecommunication Company Ltd. v. Muhammad Sami Ullah 2021 SCMR 998; Vice Chancellor Bacha Khan University Charsada, Khyber Pakhtunkhwa and others v. Tanveer Ahmed and others 2021 SCMR 1995 and Government of Khyber Pakhtunkhwa through Secretary Agriculture, Livestock and others v. Saeed-ul-Hassan and others 2021 SCMR 1376 ref. (c) Constitution of Pakistan--- ----Art.199---Constitutional petition ---…

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