Law: Constitution of Pakistan 1973

Section: 4

Law: Shaheed Zulfiqar Ali Bhutto Medical University Act, 2013

Section: 13(6)(i), 25

 Summary The petitioner challenged the termination of his services as Professor (BPS-21) at Shaheed Zulfiqar Ali Bhutto Medical University (SZABMU), alleging that the termination order was illegal, retrospective, issued by an incompetent authority, and passed without affording him an opportunity of hearing. The Islamabad High Court held that the petitioner was still on probation, and under the terms of his appointment letter, his services could be terminated during the probation period without assigning reasons or issuing a show-cause notice. The Court further held that the University Syndicate, being the competent statutory authority under the SZABMU Act, 2013, had approved the termination. Consequently, the writ petition was dismissed. Tagline "A probationary employee has no vested right to continue in service, and termination during probation in accordance with the appointment terms does not require a prior show-cause notice or personal hearing." ORDER; MUHAMMAD ASIF, J.- Through this petition, the petitioner has challenged the legality of the Notification dated 27th December 2018 ("Impugned Notification"), issued by the respondents, (Shaheed Zulfiqar Ali Bhutto Medical University, Islamabad). The said Impugned Notification culminated in the termination of the petitioner's services with effect from 20th December 2018. Learned counsel for the petitioner contended that the impugned Notification was issued in contravention of the terms and conditions stipulated in the Appointment Letter and in violation of Article 4 of the Constitution of the Islamic Republic of Pakistan, 1973 ("the Constitution"). It was further argued that the said Notification was passed by the officer of BPS-20, who lacked the competence and jurisdiction to issue such an order. The learned counsel emphasized that, pursuant to the Appointment Letter dated 22nd December 2017 the petitioner could only be terminated during the probationary period, which was completed on 21st December 2018. However, the petitioner’s services were terminated through the impugned Notification with a retrospective date, i.e., with effect from 20th December 2018. The…