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Petitioner: QURBAN HUSSAIN VS Respondent: SECRETARY SERVICES, GOVERNMENT OF PUNJAB
1992 P L C (C
1992 P L C (C.S.) 76
(Lahore High Court)
Before Malik Muhammad Qayyum, J
Maj. (Retd.) Raja QURBAN HUSSAIN
Versus
THE SECRETARY SERVICES, GOVERNMENT OF PUNJAB
Writ Petition No.384 of 1991, heard on 1st July, 1991.
(a) Constitution of Pakistan (1973)-----
----Art.199---Civil service---Regularization of service or in the alternative extension of period of contract---Entitlement to---Retired Army Officer was employed by Provincial Government on contract basis which was renewed from time to time; last extension expiring on 31st December, 1990, where after he had no right to remain in service---Extension in the contractual period could not be claimed as a matter of right---While refusing to extend term of employment of petitioner, Authority had acted in pursuance to the policy reflected in the decision of Cabinet not to extend the period of service of a Government employee---Constitutional petition against refusal of Authority to extend petitioner's contract of employment, -being devoid of merit was not maintainable.
Administrative Law by I.P. Messy page 55 and M/s. Kasturi Lal Lakhshami and another 1980 Supreme Court Cases 1 ref.
(b) Constitution of Pakistan (1973)---
-----Art.139---Civil Service---Refusal to extend period of contract of employment---Competency of Chief Minister---Petitioner having been employed on contract under the orders of Chief Minister and terms of contract being extended from time to time under his orders, such petitioner being beneficiary of the order of Chief Minister could not turn round and claim that he had no jurisdiction in the matter---Chief Minister was authorized under Rules of business framed under Art.139 of the Constitution. and was competent authority in cases of appointment in Grade-19 or above in the attached departments of the Government---Chief Minister thus, had competency to refuse extension of period of petitioner's employment on contractual basis.
(c) Constitution of Pakistan (1973)---
----Art.199---Civil service---Employment on contract basis or regularization of service---Petitioner being an ex-army officer, his claim way based upon the policy of federal Government for the induction/re-employment of the Officers of Armed Forces of Pakistan in civil posts---Policy of Federal Government for such re-employment of Army Officers, on face of it applied to the Federal and not the Provincial Government---Petitioner had, thus, no right to claim benefit under such policy.
(d) Punjab Civil Servants Act (VIII of 1974)---
----S.4---Punjab Civil Servants (Appointment and Conditions of Service) Rules 1974, R.4---West Pakistan Civil Service (Executive Branch) Rules, 1964, R.2-- Constitution of Pakistan (1973), Art.199---Army officer having been employed on contract claiming to be regularized in civil service---Petitioner on expiry of contract period could not have been re-employed on basis of any enactment in the Geld---Petitioner's appointment, could be made only in relaxation of the rules---Policy of relaxation of rules, however, had been deprecated by the Supreme Court in Muhammad Iqbal Khokhar's case reported as PLD 1991 SC 35---Petition was dismissed in circumstances.
Muhammad Iqbal Khokliar and 3 others v. The Government of the Punjab through the Secretary to Government of the Punjab, Lahore and 2 others PLD1991SC35rel.
Dilawar Mahmood for Petitioner.
Maqbool Elahi Malik, A.-G. for Respondents.
Date of hearing: 1st July, 1991.