Syed ALI KAZMI vs GOVERNMENT OF PUNJAB Contract appointment — 2024 PLC(CS) 985 LAHORE-HIGH-COURT-LAHORE

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Syed ALI KAZMI VS GOVERNMENT OF PUNJAB Contract appointment---Regularization in service---Long-standing length of service---Scope---Long service is no ground for regularization and it has to be supported by legislation and is not an automatically accruing right. Citation Name: 2024 PLC(CS) 985 LAHORE-HIGH-COURT-LAHORE Syed ALI KAZMI VS GOVERNMENT OF PUNJAB art.199---Constitutional Jurisdiction of High Court---Doctrine of laches---Scope---Contract employee----Petitioner had challenged the orders of his termination and dismissal of his application of re-instatement after lapse of almost two years, five months and nineteen days without explaining any convincing reasonable cause for the inordinate delay, as such principle of laches was applicable in the present case as three months' time was considered reasonable for a party to assail an adverse order in constitutional jurisdiction of the High Court---Law helps the vigilant and not the indolent---Constitutional petition was dismissed , in circumstances. Citation Name: 2024 PLC(CS) 985 LAHORE-HIGH-COURT-LAHORE Syed ALI KAZMI VS GOVERNMENT OF PUNJAB arts. 25 & 199---Master and servant---Contract appointment---Similarly placed persons, regularization of---Policy matter---Non-interference by Courts---Petitioner sought regularization in wake of grant of benefit of regularization to certain persons appointed with the petitioner---Held, that as the present matter related to the policy of the official respondents, therefore, the High Court could interfere into it---It is not in the domain of the Courts to embark upon an inquiry as to whether a particular policy is wise and acceptable or whether better policy could be drafted---Court can only interfere if the policy framed is absolutely capricious and non-informed by reasons or totally arbitrary, offending the basic requirement of the Constitution---It was for the respondents to decide how and in what manner the reservations should be made and such a policy decision normally would not be open to challenge subject to its passing the test of reasonableness ---Even otherwise, the petitioner had neither made party to this petition the named persons (who were regularized) nor any document, in that regard had been brought on record by her, hence it could not be said that the respondents had treated him indifferently or given discriminatory treatment to him---as the Petitioner was a daily wager employee and was governed by the principle of master and servant, therefore, he did not have any vested right to seek extension of the contract/regularization as a matter of right rather it was the prerogative of the competent authority either to dispense with services of such employee or continue with the same by extending the contract or regularizing the services as per the policy---Constitutional petition was dismissed, in circumstances. Citation Name: 2024 PLC(CS) 985 LAHORE-HIGH-COURT-LAHORE Syed ALI KAZMI VS GOVERNMENT OF PUNJAB Contract appointment---Termination---Re-instatement---Scope---Relevant clause of appointment letter, stipulated that the offer of appointment was only for a period of 89 days which may be terminable without assigning any reason or might be extended subject to satisfactory performance---Yet another clause revealed that this daily wages employment neither conferred any right of permanent job nor any privilege of regular appointment would be claimed in future whereas another significant clause revealed that the employment could be treated as cancelled in case of non-fulfilment of the prescribed accessories and not appearing for duty on time---Record revealed that the period of work was extended from time to time and ultimately it was discontinued on 13.03.2010 in terms of said clause, however, on application of the petitioner, he was re-appointed on 17.12.2012 under the same terms and conditions of initial appointment letter which too was discontinued on 17.02.2016---Petitioner who, at the time of joining, had accepted all the terms and conditions of his daily wages employment, could not resile from the same at a belated stage---Moreover, it was nowhere mentioned in the appointment letter that it was a job of permanent nature or the same was likely to be permanent in future---Constitutional petition was dismissed, in circumstances. Citation Name: 2024 PLC(CS) 985 LAHORE-HIGH-COURT-LAHORE Syed ALI KAZMI VS GOVERNMENT OF PUNJAB art. 199 ---Master and servant---Contract employee---Constitutional petition filed before the High Court by contract employee---Maintainability---Where employment is on contract, there is a relationship of master and servant and in such like cases the constitutional petition under art. 199 of the Constitution is not maintainable.

Syed ALI KAZMI vs GOVERNMENT OF PUNJAB Contract appointment — 2024 PLC(CS) 985 LAHORE-HIGH-COURT-LAHORE

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