Law: Punjab Civil Servants Act, 1974 

Section: 13(1)

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Civil Servants Act (VIII of 1974)---   ----S. 13(1)---Re-employment Policy of Retired Government Servants, dated 11-3-2004---Constitution of Pakistan (1973), Art.199---Constitutional petition---Re-employment on contract basis---Legitimate expectants, rights of---Employee retired after attaining the age of superannuation and was re-employed as Principal of College on contract basis for two years, which contract was extended twice---Validity---Powers exercised in re-employment were colourable, basing on pick and choose, whims and modes---Element of transparency was missing in re-employment, which was sufficient ground for interference by High Court---No one could be benefited at the cost of legitimate expectants who had every right to contest--Apart from petitioner, there might have been certain others who were in the run for posting as Principal of the College through process of promotion etc. but all of them were denied their lawful right of consideration for promotion/posting---Order of re-employment of respondent which was an outcome of colourable exercise of powers was declared to be without lawful authority and was set aside---High Court directed that the post of Principal held by respondent would be treated as vacant which was to be filled in accordance with law and rules by competent authority, after considering all eligible persons including petitioner---Constitutional petition was allowed accordingly. JUDGMENT HAFIZ TARIQ NASIM, J.--- The facts leading to this writ petition are that Professor Maqsood-ul-Hassan Bokhari respondent No.5 attained the age of superannuation and was retired on 31-3-2004. However, he was re-employed on contract basis for a period of two years. 2. Interestingly, the period of contractual appointment of respondent No.5 was extended from 15-3-2006 to 30-3-2007 through another order and that too was passed in relaxation of the provisions of Re-employment Policy of the Government of the Punjab. 3. One Professor Muhammad Gulzar Ahmed filed Writ Petition No.13415 of 2006, which was dismissed vide order, dated 20-3-2007 and according to the learned counsel for the petitioner the same was dismissed on the disclosure of the…

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