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GOVERNMENT OF KHYBER PAKHTUNKHWA vs SHER AMAN art — 2022 SCMR 406 SUPREME-COURT

Case information

Citation
2022 SCMR 406 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
GOVERNMENT OF KHYBER PAKHTUNKHWA vs SHER AMAN art

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

GOVERNMENT OF KHYBER PAKHTUNKHWA VS SHER AMAN art. 199---Civil service---Contractual employment---Project posts---Constitutional jurisdiction of the High Court---Scope---High Court could not step into the shoes of the appointing authority---When the High Court was exercising jurisdiction under art. 199 of the Constitution, it could not extend the scope of a contract or alter/amend the terms and conditions of employment in favour of employee that had been signed by an employee as the same went against the spirit of the very concept of contract employment---When an employee accepted a post in a project, he was aware of the fact that the project would come to an end on its completion or cessation of its funding (as the case may be) and with that, his employment would also come to an end---Forcing the Government to "accommodate/adjust" such employees was not only a transgression of the powers vested with the High Court under art. 199 of the Constitution, but was also a burden on the Government Exchequer which the court was not at liberty to place---Employer had the prerogative to decide the terms and conditions of an employee's contract, and it was not for the court to step into the shoes of the employer and force him to employ someone for whom there was no available post and even if there was one, without following due process, procedure and criteria.

Other judgments reported in 2022 SCMR

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