MUHAMMAD ATIF vs GOVERNMENT OF PUNJAB through Secretary School Education Department, Lahore arts

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MUHAMMAD ATIF VS GOVERNMENT OF PUNJAB through Secretary School Education Department, Lahore arts.25, 189 & 199---Contract appointments---Termination from service---Petitioners were appointed with the stipulation that they would obtain the requisite qualification of B.Ed. within the stipulated time---Failure of the petitioners either to obtain the requisite qualification or to obtain the same within the stipulated time---Effect---Contention of the petitioners was that other equally placed employees had been regularized by way of relaxing/extending the limit of time to complete their requisite qualification---Plea of the respondents was that law/policy on the subject had been enforced throughout the Province and employees had not assailed the order of their termination in appeal, therefore, filing of constitutional petition amounted to seeking review of order of High Court---Validity---Petitioners had an opportunity to immediately file an appeal, which they had not done---They had no idea as to whether any other similarly placed employees had been given any extension---Present petition had been filed to take a chance on the basis of principle of similarly placed persons and amounted to review of the judgment of High Court---If relief is given to one person against the applicable policy and/or law, the same cannot be a ground for the grant of same relief in another case---Two wrongs are not going to make one right---No applicable policy/law was violated or deviated, as the petitioners could not obtain qualification in accordance with the applicable policy albeit few had been given undue favour, which was also not of any help to the petitioners inasmuch as the benefit of Para-5(ii) of the judgment of High Court was to be extended to such petitioners if any similarly placed person was regularized prior to the passing of the said judgment and not in negation of the said judgment---If doctrine of similarly placed person is to be applied, the petitioners should also not be extended any such relief as any contra decision (like in case of other employees) would become a case of reverse discrimination qua those individuals across the Province---Division Bench of High had already settled the specific issue and High Court was obliged to follow the same---Constitution petition was dismissed accordingly.

MUHAMMAD ATIF vs GOVERNMENT OF PUNJAB through Secretary School Education Department, Lahore arts — 2024 PLC(CS) 1144 LAHORE-HIGH-COURT-LAHORE

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