ATTA-E-RABBI vs GOVERNMENT OF KHYBER PAKHTUNKHWA through the Secretary Higher Education Department, Civil Secr

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ATTA-E-RABBI VS GOVERNMENT OF KHYBER PAKHTUNKHWA through the Secretary Higher Education Department, Civil Secretariat, Peshawar Ss.11(5)(c) & 11 (5)(e)---Constitution of Pakistan, Art.199---Contract employee---Regularization in service, seeking of---Plea that sufficient experience and long duration of service sufficient for regularization---Long service no ground for regularization---High Court's interference under Constitutional jurisdiction in regularization of service of contract employees---Scope---High Court has no jurisdiction to alter or amend the terms and conditions of contract employees or to grant an extension of service on its own accord in absence of any statutory instrument---Brief facts of the matter were that the petitioners were initially appointed on contractual basis in the respondent university and were allowed extension from time to time---Petitioner claimed regularization on their respective posts from the date of their initial appointments---It was the case of the petitioners that they had gained sufficient experience and served for a long duration as such they had a right to be regularized---Held: There were no rules, policy or regulations under which the petitioner could claim regularization in service---The respondent university decided to terminate their services in view of their contracts therefore High Court could not force the respondent university to take the petitioners into employment when at the time of their appointments they were made known the terms and conditions of their service---Similarly, as per the relevant provisions i.e. Ss. 11(5)(c) & 11(5)(e) of the Khyber Pakhtunkhwa Universities Act, 2012 which were discussed by the Supreme Court in the case reported as '2022 PLC (C.S.) 85', the contractual employees had no vested right to regularization and by mere efflux of time an employee could not claim regularization and knock on the door of the High Court for the same---Moreover, High Court had no jurisdiction to alter or amend the terms and conditions of the contract employees or to allow them extension of its own---Importantly, in the absence of any statutory instrument the High Court could not allow regularization on its own to the petitioners---Constitutional petitions having no merit, were dismissed, in circumstances.

ATTA-E-RABBI vs GOVERNMENT OF KHYBER PAKHTUNKHWA through the Secretary Higher Education Department, Civil Secretariat, Peshawar Ss — 2025 PLC(CS) 1484 PESHAWAR-HIGH-COURT

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