Law:

Section:

(a) Constitution of Pakistan (1973)Arts. 2A, 25, 27 & 199Constitutional petitionCivil servant­Termination of servicePetitioner's appointment on daily wages/ad hoc or workcharge basis for number of yearsEffectPetitioners and similarly placed employees had been discriminated against inasmuch as number of other employees who were recruited like that of petitioner but subsequent to petitioner and even other persons, who were not in service, had been regularised/appointed on regular basis on political considerations under directions of Prime Minister's SecretariatSuch persons had been appointed without considering claim of sitting employeeaas with much more length of service for regularisation or permanent appointmentRespondent's action in ignoring petitioners and other similarly placed employees was arbitrary and discriminatoryPrinciple of first come, last to go was to be applied in such casesFundamental rights of petitioners and other similarly placed employees guaranteed under Arts. 2A, 25 & 27 of the Constitution were, thus, grossly violated by respondentImpugned action of respondent against petitioners was declared to be without lawful authority and of no legal effectProcess of termination of similarly placed employees was also declared to be without lawful authority and of no legal effect provided they were appointed before 111996 on daily wages/ad hoc/workcharge basis with or without breaksRespondent was directed to formulate policy by specified date for purpose of consideration for regularisation of service of employees Who were appointed before 111996 on daily wages etc. and had rendered service for 1,80 days or more with or without artificial break. Arif Ali v. Government of Pakistan 1994 PLC (C.S.) 178 and Amin Ahmad v. Government of Pakistan PLD 1996 Kar. 27 ref. (b) Constitution of Pakistan (1973) Arts. 3, 14 & 199Constitutional petitionGuarantees of social and economic justice and Fundamental RightsEntitlementCompany created by statute Jurisdiction of High Court in respect of such companyDuty of employer in matter of appointment of employees stated. Constitution specifically provides for enforcement of Islamic values and Islam being the…

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