| Citation(s) |
|---|
| 2011 SLG 1809 2011 SLD 1809 2011 PLC 1202 |
Lahore High Court
I.C.A. No.49 of 2011/BWP, heard on 9-05-2011.
MAMOON RASHID SHEIKH AND KH. IMTIAZ AHMAD, JJ
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I.C.A. No.49 of 2011/BWP, heard on 9-05-2011.
MAMOON RASHID SHEIKH AND KH. IMTIAZ AHMAD, JJ
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GHULAM MUSTAFA
VS
SECRETARY, MINISTRY OF FOOD AND AGRICULTURE and 4 others GHULAM MUSTAFA vs SECRETARY, MINISTRY OF FOOD AND AGRICULTURE and 4 others
Law:
Section:
Civil service-------Selection for post---Vested right---Appellant had worked for the post in question on contract basis and at the time of regular appointment authorities provided a list of such ex-employees---Appellant was not appointed during selection and Single Judge of High Court maintained the result---Plea raised by appellant in intro-court appeal was that on the basis of letter issued by authorities he had a vested right for appointment---Validity---Letter in question did not create any vested right and it only allowed ex-employees to compete for fresh recruitment on merit and they could only obtain employment if they had met the requisite criteria---Appellant having failed to gain employment on merit had chosen to challenge appointment of respondent but appellant had been unable to show any illegality or irregularity in the appointment or to establish that he had 'been discriminated against---Division Bench of High Court did not find any infirmity in the passed by Single Judge---Intra-court appeal was dismissed in circumstances. Syed Mujahid Ayub Wasti for Appellant. Date of hearing: 9th May, 2011. JUDGMENT MAMOON RASHID SHEIKH, J.--- This Intra-Court Appeal emanates from the judgment dated 8-2-2011 passed by a learned Single Judge in Chambers in Writ Petition No.993 of 2010/BWP whereby the said petition was dismissed. 2. The brief facts of the case are to the effect that the appellant was appointed on 14-12-2007 as a Laboratory Assistant (BS-5) on contract basis under the development project namely, "Establishment of Seed Testing Laboratories and Rehabilitation of Existing Laboratories," of the Federal Seed Certification and Registration Department, Ministry of Food and Agriculture, Government of Pakistan. The appellant's contract was to inure from the date of assumption of charge till 30-6-2009 and was extendable up to the period of project on yearly basis. The project was due to be completed on 30-6-2009, consequently on 23-5-2009 the petitioner was informed that his services shall stand terminated w.e.f. 30-6-2009. In the meantime the project was transferred from the development to the non-development side along with the posts therein.…
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