Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----’Regularization of service’---Principles detailed. Contract/ad hoc/fixed pay employees cannot claim regularization of their services unless and until the same is backed by any law/statute. There is no vested right to seek regularization for employees hired on contractual basis unless there is legal and statutory basis for the same. Khushal Khan Khattak University through Vice-Chancellor and others v. Jabran Ali Khan and others 2021 SCMR 977 foll. Contractual employees have no automatic right to be regularized unless the same has specifically been provided for in a law. Government of Khyber Pakhtunkhwa Workers Welfare Board v. Raheel Ali Gohar 2020 SCMR 2068 foll. An ad hoc, temporary or contractual appointment does not create any vested right of regularization in favour of the appointee. Pakistan Telecommunication Company Ltd. v. Muhammad Sami Ullah 2021 SCMR 998 foll. A person employed on contract basis has no vested right to regularization. By mere efflux of time, an employee cannot claim regularization and knock at the door of the High Court for the same. Vice Chancellor Bacha Khan University Charsada, Khyber Pakhtunkhwa and others v. Tanveer Ahmad and others 2021 SCMR 1995 foll. Long or satisfactory contractual service does not confer a vested right for regularization as conversion from contractual to regular appointment requires statutory support. Government of Khyber Pakhtunkhwa through Secretary Agriculture, Livestock and others v. Saeed-ul-Hassan and others 2021 SCMR 1376 foll. (b) Constitution of Pakistan--- ----Art.199---Constitutional petition---Maintainability---Legal grievance---Principles. In a writ jurisdiction what the writ petitioners are required is to first establish that they have suffered a ‘legal grievance’ or they have wrongly been refused something which they were otherwise legally entitled to, and it is only after the establishment of such a right, followed by its violation or refusal by a public functionary, and it would be thereafter that he/they may be held as entitled for the desired writ. Extraordinary jurisdiction of High Court can only be invoked by a person whose legal right has been denied. Fazl-e-Haq,…

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