Case Details

Citation(s)
2006 SLG 2753 2006 SLD 2753 2006 SCMR 1545
Supreme Court of Pakistan
Civil Petitions Nos. 1472 and 1814 of 2004, decision dated: 7-02-2006 (On appeal from the judgment, dated 2-6-2004 of the Lahore High Court, Lahore in Writ Petition No.4722 of 1998)
ABDUL HAMEED DOGAR AND MUHAMMAD NAWAZ ABBASI, JJ

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SHAUKAT BABAR VIRK and others

VS

Syed AMJAD ALI SHAH and others

Law:

Section:

Civil Service-------Appointment---Petitioner was appointed on contract basis for a period of two years, but his appointment was terminated about two months after his appointment---Petitioner, however, was again appointed on his application routed through the Minister on same terms and conditions---Said appointment was challenged in constitutional petition and High Court declared said appointment order as without lawful authority holding that said post would be deemed to be vacant and that if Department wanted to fill said vacancy, prescribed procedure in the Service Rules, should be followed---Appointment of petitioner being on contract basis and the contract period having expired, his appointment was not alive---Findings recorded in the impugned order, being proper, would not call for any interference by Supreme Court. Aftab Ahmad, Advocate Supreme Court for Petitioner (in both cases). Arshad Ali Chaudhary, Advocate-on-Record for Petitioners (in C. P. No. 1742 of 2004). Nemo for Respondents (in both cases). Date of hearing: 7th February, 2006. JUDGMENT ABDUL HAMEED DOGAR, J.---By this single order we intend to dispose of the Civil Petitions Nos.1472 and 1814 of 2004 as they arise out of a common judgment, dated 2-6-2004 passed by a learned Judge in Chambers of the Lahore High Court, Lahore, whereby Writ Petition No.4722 of 1998 filed by respondent was allowed. 2. Precisely the facts leading to the filing of the instant petitions are that Shaukat Babar Virk petitioner in Civil Petition No. 1472 of 2004 was appointed as Programme Producer on contract basis for a period of two years on 25-9-1996 by…
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