NATIONAL HIGHWAY AUTHORITY vs SAQLAIN MEHDI Reinstatement and promotion — 2022 PLC(CS) 175 ISLAMABAD

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NATIONAL HIGHWAY AUTHORITY VS SAQLAIN MEHDI Reinstatement and promotion---Scope---Respondents through writ petition had sought implementation of the directions of the President of National Highway Council (NHC) whereby he had directed the department to reinstate the respondents in the regular mainstream in one pay grade higher with all back benefits from the dates of their initial appointment---Said direction, during pendency of petition, was revisited and the department was allowed to decide the respondents' case in accordance with the relevant rules---Department declined to regularize the services of the respondents---Services of respondents, however, were regularized pursuant to recommendations of the Cabinet Sub-Committee on the regularization of contractual employees---Constitutional petition was allowed and the department was directed to implement the directions of the President of NHC---Contention of department was that the respondents could not seek their regularization with effect from the date of their initial appointment on contract basis---Validity---One of the respondents had concealed the fact about the dismissal of his appeal by the Federal Service Tribunal and his petition by the Supreme Court in his applications to the President of NHC as well as the Constitutional petition filed before the High Court---Such conduct and attitude had disentitled him from invoking the extra ordinary jurisdiction of the High Court---Respondents had no vested right to seek appointment on regular basis in higher pay scale with effect from the date when they were initially appointed on contract basis---President of NHC had no authority to grant the sort of relief as was given to the respondents---Said order was recalled by the President of NHC---Department had rejected the application for regularization of their services---Such order was not challenged by the respondents---Intra Court Appeal was allowed and the Constitutional petition was dismissed.

NATIONAL HIGHWAY AUTHORITY vs SAQLAIN MEHDI Reinstatement and promotion — 2022 PLC(CS) 175 ISLAMABAD

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