Law: Constitution of Pakistan, 1973

Section: 212

Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Re-employment policy---Relaxation of rules---Petitioners were aggrieved of re-employment of respondent as Principal of the College in question made by Governor, after relaxing re-employment policy---Validity---Authority and power of Government to relax provisions of Re-employment Policy had not been questioned by petitioners rather they conceded the position that the competent authority had got the power to relax the policy/rules---Stance of Government and justification for its order of extension was contribution of respondent to the institution who undeniably was conferred distinction (Azaz-i-Fazilat) in the field of education by the President of Pakistan and a certificate of distinction for outstanding perf9rmance was awarded to him by City District Government---Prima facie there appeared a justification for availing the services of respondent in the institution in question---Extended term of respondent had not expired and High Court declined to interfere with the exercise of discretion and jurisdiction by the Governor who extended the period of contractual appointment of respondent---Petition was dismissed in circumstances. Pakistan Tobacco Board and another v. Tahir Raza and others 2007 SCMR 97 distinguished. ORDER SYED ZAHID HUSSAIN, J.---Professor Maksud-.ul-Hassan Bukhari, respondent No.5, is the Principal, Government M.A.O., College Lahore who on attaining the age of superannuation had retired on 31-3-2004 but was re-employed on contract basis for a period of two years by order of the Governor of the Punjab vide notification dated 13-5-2004. His tenure was further extended by means of notification dated 8-5-2006 and the extended' term is to expire on 30-3-2007. This petition has been filed by the petitioners who are associate professors in the same college assailing the extended period of his re-employment as per the notification dated 8-5-2006 and further seek a restraint order that he should not be given further extension. 2. Report and parawise comments have been filed by the official respondents (respondents No.1 to 4) whereby a justification is sought to be made for his…

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