Law: Constitution of Pakistan, 1973

Section: 199

JUDGMENT SHEET    ARBAB MUHAMMAD TAHIR,J.:- Through the present writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as “the Constitution”), the petitioner, Nazer Aslam, seeks inter alia the issuance of a writ of “quo warranto” against respondents No.4 to 7 challenging their appointments in the Federal Board of Intermediate and Secondary Education (hereinafter referred to as “Federal Board”). The said respondents were initially appointed in the Federal Board on daily wages basis and subsequently their services were regularized pursuant to the recommendations of the Committee on Regularization of Contract/Daily Wages Employees in the Ministries / Divisions/ Attached Departments / Autonomous Bodies / Organizations, etc.  (hereinafter referred to as “the Committee”).       FACTUAL BACKGROUND:- The facts in brief, essential for the disposal of the present writ petition, are that vide office orders dated 16.12.2011, 01.11.2011, 04.11.2011 and 18.04.2012, respondents No.4, 5, 6 and 7 (Syed Kashif Ali Kazmi, Audit Officer (BPS-17), Atif Imran, Network Engineer (BPS-17), Muhammad Riaz Khan, Developer (BPS-17) and Fozia Maroof, Director Physical Education (Female) (BPS-17), respectively) were  appointed by the Federal Board on daily wages basis against different posts in anticipation of the approval of the Board of Governors (hereinafter referred to as the “BOG”) with effect from the date of joining of their respective duties for a period of 89 days or till the joining of the regular incumbents of the respective posts, whichever was earlier. They were to be paid on the basis of their daily duty days actually performed by them. This engagement of theirs was purely temporary, terminable at any time without assigning any reason and the same had to confer on them no title, claim or right to permanent appointments/absorption in the Federal Board.  The BOG of the Federal Board in its 94th meeting held on 26.06.2012 had given its approval regarding the appointments of the       …