| Citation(s) |
|---|
| 2011 SLG 1707 2011 SLD 1707 2011 PLC 663 |
Islamabad High Court
Writ Petitions Nos.3520 of 2009, 86 of 2010 Contempt Petitions Nos.38/W, 6/W of 2010 and 3/W of 2011, decision dated: 17-01-2011
MUHAMMAD ANWAR KHAN KASI, J
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Writ Petitions Nos.3520 of 2009, 86 of 2010 Contempt Petitions Nos.38/W, 6/W of 2010 and 3/W of 2011, decision dated: 17-01-2011
MUHAMMAD ANWAR KHAN KASI, J
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Ag. Cdr. (Retd.) IRSHAD AHMAD
VS
NATIONAL HIGHWAY AUTHORITY through Chairman and another Ag. Cdr. (Retd.) IRSHAD AHMAD vs NATIONAL HIGHWAY AUTHORITY through Chairman and another
Law:
Section:
Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Appointment on contract basis---Termination of service after expiry of contract period---Petitioner who was appointed for a period of two years on contract basis, his request for extension of service period had been rejected and he was relieved from his service---Validity---Contract employee could not force for the extension of contract period; and under constitutional jurisdiction even the High Court could not force any statutory body to extend the same---Contract employee was always governed by the terms and conditions of contract and he could not ask for more than that---Constitutional petition was not maintainable as no question of violation of fundamental rights, was involved. 2005 PLC (C.S.) 4 ref. Abdur Rehman Khan for Petitioner. Mumtaz Ahmad Bilal for Resp6ndents. Muhammad Imran, A.D. (Legal), National Highway Authority. ORDER MUHAMMAD ANWAR KHAN KASI, J.--- This order will dispose of Writ Petitions Nos.3520 of 2009 and 86 of 2010 as relate to same service dispute of the petitioner. 2. Facts in brief are that petitioner in November 2009 filed Writ Petition No.3520 and another Writ Petition No.86 on 1-11-2010 stating therein that he had been employee of NHA on contract basis and served there from February 2007 to February, 2009. After the expiry of period, he applied for extension which was placed before the Executive Board the authority. It is further stated that the Board through its meeting No.169 held on 1-4-2009 considered his extension and decided to extend the same from 1-2-2009 to 31-1-2011. It is stated that the extension was granted but on the condition that evaluation reports of the petitioner for the last two years be made available by 31st May 2009. 3. It is his grievance that the admin wing did not produce the performance report for the period from January 2007 to December 2007 and from January 2008 to June 2008 and, therefore, the Executive Board did not approve his extension due to the omission of the admin wing. According to him, his salaries were stopped from February, 2009, though he had been on job. It is mentioned that instead of following the…
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