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Initializing Secure Chambers
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Petitioner: BOARD OF INTERMEDIATE & SECONDARY EDUCATION, D.G. KHAN & another VS Respondent: MUHAMMAD ALTAF and others
Court Name: Supreme Court of Pakistan Judge(s): Maqbool Baqar, Ejaz Afzal Khan Title:BOARD OF INTERMEDIATE & SECONDARY EDUCATION, D.G. KHAN & another vs
MUHAMMAD ALTAF and others Case No.: C.P. No, 4299 of 2017 Date of Judgment:2017-11-30 Reported As: 2018 PLC (C.S.) 647, 2018 SCMR 325, PLJ 2018 SC 169 Result: Petition dismissed Judgment ORDER Maqbool Baqar, J.--Brought into question, through this petition is the judgment dated 25.9.2017, whereby a learned Division Bench of the Lahore High Court dismissed in limine the appeal filed by the petitioner-Board challenging the order dated 01.6.2017, in terms whereof a learned Single Judge of the said Court allowed the writ petition filed by the respondents for their regularization in service with the petitioner-Board. 2. The respondents were employed by the petitioner-Board, they have been working as Drivers, Clerks, Naib Qasids and Security Guards, for a considerable period of time, on daily wages. Some of them have been so working since the year 1996. However, their employment contracts were terminated after every 89 days and were resumed a day there after. All of them have certainly served the petitioner-Board for not less than nine months, however with artificial breaks, as noted above, this was done to break the continuity of their service with mala fide intent to avoid their regularization. The respondents, despite the fact that their services had matured and were under the law required to be regularized, and instead of doing so, as noted in the judgment of the learned Single Judge, contemplated to make fresh appointments through advertisement, which prompted the respondents to file the writ petition which culminated into the impugned judgment. 3. We in the circumstances as noted above, do not find any lacuna in impugned judgment, legal or otherwise, and find no justification for interfering with the same. The petition is therefore dismissed.