Dr. MUHAMMAD NASEEM KHAN vs Dr — 2023 PLC(CS)N 8 ISLAMABAD

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Dr. MUHAMMAD NASEEM KHAN VS Dr. SHAHZAD ALI KHAN Contract employment---Project post---No sooner any project comes to an end, employees appointed on project posts and for the purposes of such project, can be shown the doors on winding up of the project---High Court cannot step into the shoes of appointing authority and cannot extend scope of a contract that has been signed by an employee---Such goes against spirit of concept of contract employment---When an employee accepts a post in a project, he is aware of the fact that project will come to an end on its completion or cessation of its funding (as the case may be) and with that, his employment will also come to an end---Forcing authorities to "accommodate or retain" such employees for an indefinite period or to absorb them, is not only a transgression of the powers vested with High Court under Art.199 of the Constitution, but is also a burden on the Government exchequer which the Court is not at liberty to place. Citation Name: 2023 PLC(CS)N 8 ISLAMABADBookmark this Case Dr. MUHAMMAD NASEEM KHAN VS Dr. SHAHZAD ALI KHAN Regularization---Principle---Regularization cannot take place without there being any statutory backing. Citation Name: 2023 PLC(CS)N 8 ISLAMABADBookmark this Case Dr. MUHAMMAD NASEEM KHAN VS Dr. SHAHZAD ALI KHAN art.199---Constitutional petition---Quo warranto, writ of---Conduct of petitioner---Contract service of petitioner for a specific project was terminated by respondent---Petitioner assailed order of termination of his contract and had also sought issuance of writ of quo warranto against respondent for holding post of Vice Chancellor---Validity---Personal vengeance/grudge of petitioner against respondent could not be ruled out particularly when respondent had issued office order terminating services of petitioner---Matter was outcome of malice and ill-will on the part of petitioner---Constitutional jurisdiction of the High Court could not be resorted to settle personal grudges/differences between parties---High Court declined to interfere in the matter as petition was not maintainable---High Court could not ascribe to itself role of Selection/appointing authority in service matters---Responsibility of deciding suitability of appointment, posting or transfer was the exclusive domain of Executive Branches of State---Court of Constitutional Causes should ordinarily refrain itself from interfering in policy making domain of the Executive---Order in question did not suffer from any legal infirmity---Constitutional petition was dismissed, in circumstances. Citation Name: 2023 PLC(CS)N 8 ISLAMABADBookmark this Case Dr. MUHAMMAD NASEEM KHAN VS Dr. SHAHZAD ALI KHAN art.199 (1)(b)(ii)---Quo warranto, writ of---Issuance---Principle---Conduct of petitioner---applicability---Writ of quo warranto is not to be issued as a matter of course rather it is Court's discretion whether to refuse or grant it keeping in view facts and circumstances of the case--- Exercise of writ jurisdiction of High Court has to be based on sound discretion and on consideration of recognized judicial jurisprudence governing exercise of such discretion---High Court cannot refuse to take a petitioner's conduct into account in the writ of quo warranto which disentitles him / her from such relief--- High Court must, while hearing a petition seeking issuance of a writ of quo warranto, inquire into the conduct and motive of relator---When High Court is not satisfied as to conduct of petitioner/relator, it may, in its discretion, refuse to issue a writ where it would be vexatious to do so.

Dr. MUHAMMAD NASEEM KHAN vs Dr — 2023 PLC(CS)N 8 ISLAMABAD

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