| Citation(s) |
|---|
| 2010 SLG 2284 2010 SLD 2284 2010 SCMR 678 |
Supreme Court of Pakistan
Civil Petition Nos.63-Q, 1241 to 1244, 1269 to 1271 of 2009, decision dated: 2-02-2010
SARDAR MUHAMMAD RAZA KHAN, CH. IJAZ AHMED AND MUHAMMAD AKHTAR SHAHID SIDDIQUI, JJ
Tariq Mehmood, Senior Advocate Supreme Court for Petitioner (in C.P. No. 63/Q of 2009). Muhammad Akram Sheikh, Senior Advocate Supreme Court for Petitioners (in C.Ps. Nos.1241 to 1244 and 1269 to 1271 of 2009). Agha Tariq Mehmood, D.A.G. and M.S. Khattak,
Civil Petition Nos.63-Q, 1241 to 1244, 1269 to 1271 of 2009, decision dated: 2-02-2010
SARDAR MUHAMMAD RAZA KHAN, CH. IJAZ AHMED AND MUHAMMAD AKHTAR SHAHID SIDDIQUI, JJ
Tariq Mehmood, Senior Advocate Supreme Court for Petitioner (in C.P. No. 63/Q of 2009). Muhammad Akram Sheikh, Senior Advocate Supreme Court for Petitioners (in C.Ps. Nos.1241 to 1244 and 1269 to 1271 of 2009). Agha Tariq Mehmood, D.A.G. and M.S. Khattak,
Haji ZAHIR ALI and others
VS
GOVERNMENT OF BALOCHISTAN and others
Law: Constitution of Pakistan, 1973
Section: 2,2A,3,4,5(2),25,185(3)
Constitution of Pakistan (1973)--Arts. 2, 2-A, 3, 4, 5(2), 25, 185(3)---Civil service---Termination of service of contract employees by Excise and Customs Departments and non-consideration of their cases under newly enforced regularization policy---Order of High Court dismissing such petition considering petitioners as civil servants while directing authorities to consider them in process of selection---Validity---Plea of petitioners was that initial contract period of 12 months was extended from time to time till termination of their services; that they performed their duties diligently without any complaint from authorities and gained experience in relevant field; that authorities had not considered their cases in such policy, though had regularized service of their other colleagues, which fact was not denied by authority in their comments; that impugned act of authorities was violative of provisions of Arts.2, 2-A, 3, 4, 5(2) and 25 of the Constitution guaranteeing social and economic justice to its citizens and public functionaries were bound to obey commands of the Constitution---Supreme Court granted leave to appeal to consider, inter alia, such contentions of petitioners. ORDER CH. IJAZ AHMED, J.--- We intend to decide the captioned petitions by one consolidated judgment having similar facts and law. 2. The necessary facts out of which the present petitions arise are that petitioners were appointed in various cadres in Custom and Excise Department on contract for a period of 12 months during the year, 2003. The period of their contract appointment was extended from time to time till their services were terminated after lapse of contract awarded by the respondents in favour of the petitioners. The petitioners being aggrieved filed Constitution Petitions in the High Court of Balochistan, Quetta and Sindh High Court, Karachi. The constitution petitions were disposed of with the direction that the contract employees may also be considered in the process of selection, keeping in view their experience and training which they have obtained as an additional factor. Petitioners being aggrieved filed afore-said petitions challenging the judgments of the…
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