ASIF MUSHTAQ vs GOVERNMENT OF THE PUNJAB Termination of service — 2022 PLC(CS) 157 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLC(CS) 157 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLC
Parties: ASIF MUSHTAQ vs GOVERNMENT OF THE PUNJAB Termination of service
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ASIF MUSHTAQ VS GOVERNMENT OF THE PUNJAB Termination of service---Regularization of service---Scope---Challenge to validity of order passed by Service Tribunal---Maintainability---Scope---Petitioner invoked the constitutional jurisdiction of High Court on the ground that his wrongful termination deprived him from being regularized along with other similarly placed employees and his representation in that regard was wrongly rejected---Validity---Petitioner had assailed the order of his termination before the Service Tribunal by filing appeal and had sought reinstatement into service, which appeal was partially allowed---While the words stigmatizing the petitioner were deleted but his termination was never set aside---Judgment of the Service Tribunal had attained finality---Regularization could not be directed without reinstatement, which would otherwise imply the High Court sitting as an appellate forum of the Service Tribunal, which the Constitution debarred---Ad hoc employee had neither the right to hold the post beyond the period for which he was appointed nor the government had a right to continue with such ad hoc appointee for a long period---Moreso, when the petitioner had not been in ad hoc employment even for a year let alone for a long time creating any hope or legitimate expectation of retention, then he could not be considered for regularization---Constitutional petition was dismissed.

Other judgments reported in 2022 PLC

2022 PLC 62 SUPREME-COURTDIVISIONAL SUPERINTENDENT, QUETTA POSTAL DIVISION VS MUHAMMAD IBRAHIM S. 25(1)--- Industrial and Commercial Employment (Standing Orders) Ord…
2022 PLC 62 SUPREME-COURTDIVISIONAL SUPERINTENDENT, QUETTA POSTAL DIVISION VS MUHAMMAD IBRAHIM S. 2(1)(b)(iii)---Industrial Relations Act (X of 2012), S. 2(xxxiii)--…
2022 PLC(CS) 1603 SUPREME-COURTHADAYAT ULLAH VS FEDERATION OF PAKISTAN art. 188---Review jurisdiction of the Supreme Court---Scope---Review jurisdiction of the Court opera…
2022 PLC(CS) 646 ISLAMABADNAEEM ANWAR VS FEDERATION OF PAKISTAN through Secretary, Ministry of Commerce and Textile arts.91, 92, 93 & 67(1)---Power of advisor to the…
2022 PLC 15 PESHAWAR-HIGH-COURTKHALID VS PAKISTAN TOBACCO COMPANY AKORA KHATTAK, DISTRICT OWSHERA, KHYBER PAKHTUNKHWA S.2(i)---"Salesman", status of---Scope---Work of sale…
2022 PLC(CS) 73 ISLAMABADHAMID NASRULLAH RANJHA VS CHIEF COMMISSIONER, ISLAMABAD, ICT Deputation---Scope---Government servant begins to be regarded as a deputationis…

Back to the case-law library · Search Pakistani case law in Urdu or English