Case Details

Citation(s)
2024 SLG 5290 2024 SLD 5290 2024 PLC 885
Lahore High Court, Rawalpindi Bench, Rawalpindi
Writ Petition No.319 of 2021, heard on 26th September, 2023. Date of hearing: 26th September, 2023.
Before Jawad Hassan, J
Tanveer Iqbal, Advocate Supreme Court with Jamil Aghar and Ch. Gulzar Mehdi for Petitioners. Malik Amjad Ali, Additional Advocate General with Abid Aziz, Assistant Advocate General Punjab for
Respondent No.1. Haroon Irshad Janjua and Arshad Mehmood Malik, with Abdul Majeed and Muhammad Ibad, Superintendent/BISE for the
Respondents Nos.2 to 5.

Syed ALI KAZMI

VERSUS

GOVERNMENT OF PUNJAB and others

Law:

Section:


(a) Master and servant---

----Contract appointment---Termination---Re-instatement---Scope---Relevant clause of appointment letter, stipulated that the offer of appointment was only for a period of 89 days which may be terminable without assigning any reason or might be extended subject to satisfactory performance---Yet another clause revealed that this daily wages employment neither conferred any right of permanent job nor any privilege of regular appointment would be claimed in future whereas another significant clause revealed that the employment could be treated as cancelled in case of non-fulfilment of the prescribed accessories and not appearing for duty on time---Record revealed that the period of work was extended from time to time and ultimately it was discontinued on 13.03.2010 in terms of said clause, however, on application of the petitioner, he was re-appointed on 17.12.2012 under the same terms and conditions of initial appointment letter which too was discontinued on 17.02.2016---Petitioner who, at the time of joining, had accepted all the terms and conditions of his daily wages employment, could not resile from the same at a belated stage---Moreover, it was nowhere mentioned in the appointment letter that it was a job of permanent nature or the same was likely to be permanent in future---Constitutional petition was dismissed, in circumstances.

Miss Naureen Naz Butt v. Pakistan International Airlines through Chairman, PIA and others 2020 SCMR 1625; Pakistan International Airlines v. Naureen Butt 2017 PLC (C.S.) 923; Government of Khyber Pakhtunkhwa through Chief Secretary, Peshawar and others v. Intizar Ali and others 2022 SCMR 472 and Government of Khyber Pakhtunkhwa through Secretary Forest, Peshawar and others v. Sher Aman and others 2022 SCMR 406 ref.

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