| Citation(s) |
|---|
| 2007 SLG 2042 2007 SLD 2042 2007 PLC 737 |
Supreme Court of Pakistan
Civil Petition No.1944 of 2002 decided on 18-06-2004. (On appeal from the judgment dated 12-9-2002 of the Federal Service Tribunal, Islamabad in Appeal No.788(R)/CS/2000).
NAZIM HUSSAIN SIDDIQUI, C.J. AND ABDUL HAMEED DOGAR, J
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Civil Petition No.1944 of 2002 decided on 18-06-2004. (On appeal from the judgment dated 12-9-2002 of the Federal Service Tribunal, Islamabad in Appeal No.788(R)/CS/2000).
NAZIM HUSSAIN SIDDIQUI, C.J. AND ABDUL HAMEED DOGAR, J
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Dr. MUBASHAR AHMED
VS
P.T.C.L. through Chairman, Islamabad and another Dr. MUBASHAR AHMED vs P.T.C.L. through Chairman, Islamabad and another
Law:
Section:
(a) Civil service-------Employee appointed/engaged on contract/part time basis has got no vested right to claim for being absorbed/appointed on regular/permanent basis. (b) Civil service--- ----Right to employ an employee vests with the employer only and employee cannot claim the vested right to be appointed. (c) Civil service--- ----Appointment---Allegation of discrimination---Plea of discrimination cannot be raised in absence of the party against whom discrimination was claimed. Shahid M. Akhtar v. Water and Power Development Authority through Chairman and another 1994 SCMR 1275 ref. (d) Constitution of Pakistan (1973)--- ----Art. 212(3)---Petition for leave to appeal---No substantial question of law of public importance being involved in the case warranting grant of leave under Art. 212(3) of the Constitution, petition being devoid of merit was dismissed. Ch. Sadiq Muhammad Warraich, Advocate Supreme Court for Petitioner. Nemo for Respondents. ORDER ABDUL HAMEED DOGAR, J.--- Petitioner seeks leave to appeal against the judgment, dated 12-9-2002 passed by learned Federal Service Tribunal, Islamabad (hereinafter referred to as "the Tribunal") whereby his Appeal No.788(R)/CS/2000 was dismissed and the order terminating his services was maintained. 2. Background leading to the filing of instant petition is that petitioner was engaged on 15-9-1996 as Temporary Medical Officer in Pakistan Telecommunication Company Limited (hereinafter referred to as "PTCL") Health Centre, Islamabad on the terms and conditions that his engagement was purely temporary in nature and liable to be terminated on fortnight notice without assigning any reason. He was allowed monthly reimbursement @ Rs.5 per patient subject to the condition that total emoluments should not exceed Rs.8,000 per month. His engagement was discontinued on 28-4-1997 and he was offered fresh engagement on part time basis with the terms and conditions that he shall perform duties for four hours daily on every working day and that the nature of appointment was purely temporary and liable to be terminated on fortnight notice without assigning any reason. His service were again terminated on 18-8-1999 and on the…
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