Case Details

Citation(s)
2009 SLG 1381 2009 SLD 1381 2009 PLC 294
Peshawar High Court
Civil Revision No.115 of 2007, decision dated: 15-09-2008.
MUHAMMAD ALAM KHAN, J

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WAHEEDULLAH

VS

Vice Chancellor, GOMAL UNIVERSITY, D.I. KHAN and 3 others WAHEEDULLAH vs Vice Chancellor, GOMAL UNIVERSITY, D.I. KHAN and 3 others

Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 42, 54 & 55---Suit for declaration and permanent injunction---Plaintiff had brought a declaratory suit with a prayer for permanent injunction to the effect that he had been posted as office Assistant and authorities were going to illegally remove him from service and said action of authorities was illegal, without jurisdiction, not binding on the rights of the plaintiff and that a decree for permanent, prohibitory and mandatory injunction be passed and the defendants be restrained from interference in the service and other privileges of the plaintiff---Both the Trial Court and Appellate Court, had dismissed the suit---Validity---Initial order of appointment of the petitioner was made as an ad hoc appointment on payment of fixed emolument---Said order was extended for further six months, but finally, services of the plaintiff were terminated---Appointment of the plaintiff was purely on temporary basis with no guarantee of either its extension or confirmation---Plaintiff, in circumstances, had no vested right to be agitated in the civil court and he had no locus-standi to claim automatic confirmation as of right---Findings of the two courts below were strictly in accordance with law, justice and equity and were based on established principles of appreciation of evidence which could not be interfered with by the High Court in its revisional jurisdiction---Petition was dismissed. Allah Nawaz Khan for Petitioner. ORDER MUHAMMAD ALAM KHAN, J.---Impugned herein is the judgment and decree, dated 17-1-2007 passed by the learned Additional District Judge-V, D.I. Khan vide which the appeal of the petitioner-plaintiff was dismissed and the judgment and decree dated 4-9-2006 passed by learned Civil Judge-V, D.I. Khan was maintained. 2. Briefly narrated the facts of the case are that the plaintiff-petitioner brought a declaratory suit with a prayer for permanent injunction to the effect that he has been posted as Office Assistant, Academic Section, Gomal University, D.I. Khan and defendants Nos.1 to 3 i.e. Vice-Chancellor and others of the Gomal University are going to illegally remove him from service and the action of…
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