NOMAN ALI BHATTI vs GOVERNMENT OF SINDH S — 2024 PLC(CS) 1118 KARACHI-HIGH-COURT-SINDH

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

NOMAN ALI BHATTI VS GOVERNMENT OF SINDH S. 3---Constitution of Pakistan, Art.199---Contractual service, regularization of---Entitlement------Constitutional jurisdiction of---High Court---Scope---Contractual employment of the petitioner was not extended by the respondent-Sindh Education Foundation (SEF)---Contention of the petitioner was that he, was arrested in a NAB reference and was not heard---Validity---Policy decision of the Government regarding regularization of the post of the petitioner or otherwise could not be challenged in constitutional jurisdiction of the High Court on the purported plea that he had been condemned unheard by the respondent-SEF before passing the impugned orders, therefore, the service of the petitioner could not be regularized and his contractual period had already expired in the year 2018---High Court does not act as an appellate authority ; its jurisdiction is circumscribed by limits of judicially correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice---In the present case, the contractual period of the petitioner expired in the year 2018, and still, he was insisting to continue on the subject post and claimed violation of natural justice---However , an opportunity of show-cause can be given to the employee of the department, who is holding a permanent post, whereas the record did not reflect that the petitioner was a permanent employee of respondent-SEF, therefore, the petitioner could not claim vested right to be either reinstated, regularized and given extension in his contractual period---Service of the temporary employee can be terminated on 14 days' notice or pay in lieu thereof---There was no material to conclude that the non-extension of the contract of the petitioner had wrongly been issued by the Respondent-SEF---Petitioner had failed to establish that he had any fundamental/vested right to remain on the temporary/contractual post, therefore, the submission of the petitioner that he was not heard before issuance of letters was not tenable in the eye of law---Since the petitioner was facing the NAB reference based on moral turpitude, High Court could not order the competent authority to continue his service---No illegality, infirmity, or material irregularity was found in the impugned letters issued by the respondent-SEF---Constitutional petition was dismissed in limine, in circumstances.

NOMAN ALI BHATTI vs GOVERNMENT OF SINDH S — 2024 PLC(CS) 1118 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 PLC