Case Details

Citation(s)
2001 SLG 1842 2001 SLD 1842 2001 PLC 280
Supreme Court of Pakistan
Civil Petition Nos. 146-L, 150-L, 1731-L and Criminal Original Nos. l and 2-L of 2000 in Civil Petitions Nos. 146-L and 150-L of 2000, decision dated: 31st July, of 2000.
CH. MUHAMMAD ARIF, MUNIR A. SHEIKH AND QAZI MUHAMMAD FAROOQ, JJ

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AMJAD ALI and others

VS

BOARD OF INTERMEDAITE AND SECONDARY EDUCATION and others

Law:

Section:

Board of Intermediate and Secondary Education, Faisalabad Employees (Service) Regulations------- Relgn. 12(2)---Constitution of Pakistan (1973), Art.212(3)---Ad hoc appointment--- Termination---Failure to provide opportunity of hearing--­Vested right of ad hoc appointee---Petitioners were appointed on ad hoc basis and their services were terminated before expiry of period of probation--­Constitutional petition filed by the petitioners were dismissed by High Court---Contention by the petitioners was that no opportunity of hearing was provided to them before terminating their services---Validity---Opportunity of hearing to the petitioners in circumstances was not necessary as termination was made in accordance with terms and conditions of service as contained in their appointment letters and the same had been accepted by the petitioners---Where the terms and conditions of the appointment letter were invoked, the petitioners could not object to the same---Petitioners could not take any objection to their termination as they had not been even appointed on regular basis---Ad hoc appointment against a post was only for a fixed period---Appointee had no vested right to claim continuation in service and to challenge the act of termination of service---Leave to appeal was refused. Malik Noor Muhammad Awan, Advocate Supreme Court, Syed Abul Aasim Jafri, Advocate-on-Record for Petitioners (in Civil Petitiond 146-L and 150-L of 2000). Qazi Mohyuddin, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Respondent (n Civil Petitions Nos. 146-L and 150-L of 2000). Malik. Noor Muhammad Awan, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners (in Civil Petitions Nos. 1731-L of 2000). Qazi Mohyuddin, Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Respondents Nos. l and 2 (in Civil Petition Nos.1731-L 2000). Malik Noor Muhammad Awan, Advocate Supreme Court and Syed Abul Aasim Jafri, Advocate-on-Record for Petitioners (in Criminal Original Nos. l and 2-L of 2000). Tanvir Ahmad, Advocate-on-Record for Respondents (in Criminal Original Nos. l and 2-L of 2000). Date of hearing: 31st July, 2000. JUDGMENT MUNIR A. SHEIKH, J.---By…
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