QAIM ALI SHAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary at Civil Secretariat, Peshawar Court

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QAIM ALI SHAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary at Civil Secretariat, Peshawar Court, duty of---Scope---Court of law can neither add nor omit something in a statute, where language of statute is clear, express, specific and unambiguous. Contract employment---Regularization---Length of service---Petitioners were contract employees who completed their contract period and they were relieved for service---Petitioners sought their regularization in service on the basis of period already served---Validity---Person employed on contract basis had no vested right to regularization---By mere efflux of time, an employee could not be regularized and knock on the door of High Court for the same---Services of an ad hoc / contract / fix pay employee could only be regularized if the same was backed by law / statute / rules / regulations---Contract employee could neither maintain Constitutional petition for enforcement of terms and conditions of his service, nor for renewal of contract or for the extension of contract period of his employment---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances. art.199---Constitutional petition --- Maintainability---Pre-conditions---Rights, categories of---Scope---Rights can be categorized in three kinds i.e. Fundamental rights or those rights which are conferred upon a citizen by Constitution of Pakistan---Legal rights are those rights which are conferred upon a person by any law / statute other than the Constitution---Vested rights accrue to a person due to an act or omission, action or inaction of another person---Petitioners in Constitutional jurisdiction are required is to first establish that they have suffered a legal grievance or they have wrongly been deprived or they have wrongly been refused something which they were otherwise legally entitled to and it is only after establishment of such right, followed by its violation or refusal by public functionaries and it would be thereafter that he/she may be held entitled for the issues of a desired writ---For maintaining Constitutional petition under art.199 of the Constitution, petitioner has to establish that any of his fundamental rights conferred upon him by the Constitution or legal right conferred by any other law / statute or vested right accrued by an act or omission of another person have been violated. Reading down, principle of---Object, purpose and scope---Object of reading down is primarily to save statute and in doing so, paramount question would be, whether in the event of reading down can the statute remain functional; Second would the Legislature have enacted the law if that issue had been brought to its notice, which is being agitated before the Court.

QAIM ALI SHAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary at Civil Secretariat, Peshawar Court, duty of — 2023 PLC(CS) 475 PESHAWAR-HIGH-COURT

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