KHUSHAL KHAN KHATTAK UNIVERSITY vs JABRAN ALI KHAN Contractual employees — 2021 PLC(CS) 921 SUPREME-COURT

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KHUSHAL KHAN KHATTAK UNIVERSITY VS JABRAN ALI KHAN Contractual employees--- Regularization in service---No vested right---Contractual employees had no vested right to seek regularization unless there was legal and statutory basis for the same---Contractual employees could not disown the terms and conditions of their own employment contracts and claim permanent employment when at the very inception of their employment they had accepted contractual employment on the condition that they would have no right to claim regularization. Citation Name: 2021 PLC(CS) 921 SUPREME-COURTBookmark this Case KHUSHAL KHAN KHATTAK UNIVERSITY VS JABRAN ALI KHAN art. 199---Civil service---appointment---Constitutional powers of the High Court---Scope---In its Constitutional jurisdiction the High Court could not arrogate to itself the executive function of being an appointing authority---Such function was beyond the pale of jurisdiction of the High Court and militated against the fundamental concept of trichotomy of powers. Citation Name: 2021 PLC(CS) 921 SUPREME-COURTBookmark this Case KHUSHAL KHAN KHATTAK UNIVERSITY VS JABRAN ALI KHAN art.199---Civil service--- Contractual employees seeking regularization in service---Contract of employment expiring during pendency of Constitutional petitions before the High Court---Effect---Constitutional petitions filed by contractual employees before the High Court would become infructuous---High Court lacked jurisdiction to revive or renew expired contracts---Conferring a retrospective right upon the contractual employees when their contracts had already expired was ex facie erroneous, illegal and without jurisdiction---Department was at liberty to dispense with the services of the contractual employees in accordance with the terms and conditions of the contract which were accepted by the employees when they accepted contractual employment---High Court could not have amended or altered the terms and conditions of the contract of the employees in exercise of its constitutional jurisdiction under art. 199 of the Constitution---appeals were allowed. Citation Name: 2021 PLC(CS) 921 SUPREME-COURTBookmark this Case KHUSHAL KHAN KHATTAK UNIVERSITY VS JABRAN ALI KHAN allegation of mala fides made against appointing authority---Mala fides where alleged must be proved. Citation Name: 2021 PLC(CS) 921 SUPREME-COURTBookmark this Case KHUSHAL KHAN KHATTAK UNIVERSITY VS JABRAN ALI KHAN S. 23---Constitution of Pakistan, Art. 199---Syndicate of a University---Interference in internal working of a Syndicate by the High Court in its Constitutional jurisdiction---Scope---Where a matter related to the internal working and procedures of the Syndicate, then in the absence of bias, partiality or lack of transparency on the part of a Committee (acting on instructions and authorization of the Syndicate) the same could not be interfered with---Where the committee, under lawfully delegated authority passed an order which addressed the issues raised by the High Court, the same could not be rejected (by the High Court) without assigning cogent and legally sustainable reasons---High Court in its Constitutional jurisdiction cannot substitute the findings of the Syndicate without proof of mala fides, bias, illegality or lack of transparency.

KHUSHAL KHAN KHATTAK UNIVERSITY vs JABRAN ALI KHAN Contractual employees — 2021 PLC(CS) 921 SUPREME-COURT

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