Case Details

Citation(s)
2011 SLG 1886 2011 SLD 1886 2011 PLC 1630
Lahore High Court
Writ Petition No.17597 of 2011, decision dated: 6-09-2011.
MUHAMMAD FARRUKH IRFAN KHAN, J

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WASEEM ALI

VS

CHIEF ADMINISTRATOR AUQAF, PUNJAB and 2 others WASEEM ALI vs CHIEF ADMINISTRATOR AUQAF, PUNJAB and 2 others

Law:

Section:

(a) Constitution of Pakistan------Art. 199---Constitutional petition---Civil service---Contract employee---Lapse of contractual period---Extension of contract---Termination of services---Regularization, right of---Appointment order, significance of---Services of the petitioner, who was a contract employee, were terminated by the Authority---Petitioner, assailed the termination order and sought reinstatement in service and the regularization of his post in view of a Circular issued by Government---Contention of the petitioner was that despite satisfactory service, the Authority, instead of regularizing him, had with mala fide intention and ulterior motive terminated his services---Validity---Appointment order of the petitioner specifically mentioned that the contract appointment will neither confer any right of regular appointment to the post nor the service shall count towards seniority---Held, Authority was neither required nor bound to extend the contract period of the petitioner or to regularize his services. Abid Iqbal Hafiz and others v. Secretary, Public Prosecution Department, Government of the Punjab, Lahore and others PLD 2010 SC 841 applied. (b) Constitution of Pakistan--- ----Art. 199--- Constitution petition--- Contract employee--- Civil service---Termination of contractual service---Lack of propriety in termination of service---Denial of extension and regularization of service---Initial appointment on the basis of degree not recognized by Higher Education Commission---Advertisement of the post was made by the Authority without any requirement that the degree should be recognized by the Commission---Initial appointment of the petitioner was accordingly made by the Authority against the said advertisement on a degree not recognized by the Commission---Validity---Advertisement for the post on the basis of which the petitioner was appointed showed that there was no requirement at the time of appointment that the degree should be recognized by the Commission---Reason which was made basis by the Authority for denying extension or regularization in the service of the petitioner, that he obtained the initial appointment on the basis of a degree from an…
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