Professor Doctor HAMID MEHMOOD vs Shaheed ZULFIQAR ALI BHUTTO MEDICAL UNIVERSITY Probationary period

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Professor Doctor HAMID MEHMOOD VS Shaheed ZULFIQAR ALI BHUTTO MEDICAL UNIVERSITY Probationary period---Right(s)of probationer---Scope---Opportunity of hearing, non-affording of---Termination of a probationer---Scope---Petitioner who was appointed in BPS-21 in University was aggrieved of his termination by the University---Contention of the petitioner was that neither the opportunity of personal hearing was afforded nor any show-cause notice was issued---Validity---Upon a perusal of the appointment letter of the petitioner, it becomes manifest that he was traversing his probationary period at University and one of the clauses of the said letter unequivocally mentions the condition that his services could be brought to an end without ascription of reasons or issuance of notice, should his performance or conduct be found unsatisfactory during this period---Thus, the petitioner's termination occurred while he was in the probationary phase---Probation is a process of testing or observing the character or abilities of a person who is new to a role or job---The very purpose of the probationary period is to assess the performance of an employee during a specified period in which the services of the employee remain purely temporary---University /Respondent has acted in conformity with the terms enunciated in the appointment letter, a document containing terms that were acquiesced to by the petitioner at the time of joining---In cases of civil servant, there exists no right during the probationary period to claim protection under the maxim "audi alteram partem" for issuance of a show-cause notice before any termination can take effect, as it is against the spirit and true meaningof putting an employee on probation---A probationer has not vested right to continue in service, therefore, his service can be terminated without a show-cause notice and the question of violation of the principle of audi alteram partem does not arise except in case of mala fides---Impugned order cannot be termed as mala fide by any standard---Simpliciter termination during the probationary period does not require show cause notice or any other legal formality and simpliciter termination order during the period of probation would be unexceptional-able and unquestionable---Petitioner failed to pinpoint any illegality in the impugned notification---Constitutional petition, being merit-less, was dismissed, in circumstances. Citation Name: 2025 PLC(CS) 1090 ISLAMABADBookmark this Case Professor Doctor HAMID MEHMOOD VS Shaheed ZULFIQAR ALI BHUTTO MEDICAL UNIVERSITY Ss. 13(6)(i) & 25---appointment---Termination---Due process---Scope---Competent authority---Powers---Petitioner who was appointed in BPS-21 in Shaheed Zulfiqar ali Bhutto Medical University (SZBMU/University) was aggrieved of his termination by the University---Contention of the counsel for the petitioner was that the impugned notification was issued contrary to law and by an incompetent authority---Validity---SZBMU/University, is a statutory entity established under the Shaheed Zulfiqar ali Bhutto Medical University act, 2013, ('the act 2013')---The Vice-Chancellor is authorized to appoint, on the recommendation of the selection board, employees up to the pay scale equivalent to BPS-18 as enunciated under S. 13(6)(i) of the act 2013---Furthermore, under S. 25 of the act 2013, the Syndicate of the University is vested with, inter alia, the authority to appoint, on the recommendations of the Selection Board, officers to pay scale equivalent to BPS-19 and above---The Syndicate is also empowered to determine the terms and conditions of such appointments, including the pay fixation and other related matters---Thus, under provisions of the act 2013 all appointments at BPS-19 and above, as well as the determination of terms and conditions of service, fall exclusively within the domain of the Syndicate of the University---In the present case, the petitioner was employed in BPS-21; consequently, his appointment, termination and the terms of service unequivocally fall within the purview of the Syndicate of the University, as delineated under the statutory framework of the act 2013---Thus, it is vividly evident from the record that the said Notification was issued with the prior approval of the Syndicate, which is the competent authority to pass such orders---The impugned notification has been duly issued and the contents thereof demonstrate that the competent authority, the Syndicate, had exercised its authority and determined the employment of the petitioner in the manner permissible under the terms and conditions governing the employment of the petitioner---Petitioner failed to pinpoint any illegality in the impugned notification---Constitutional petition, being merit-less, was dismissed, in circumstances.

Professor Doctor HAMID MEHMOOD vs Shaheed ZULFIQAR ALI BHUTTO MEDICAL UNIVERSITY Probationary period — 2025 PLC(CS) 1090 ISLAMABAD

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