1992 PLP (C (PLC(CS))
Maj. (Retd.) Raja QURBAN HUSSAIN Versus THE SECRETARY SERVICES, GOVERNMENT OF PUNJAB
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | High Court |
| Bench Members | Malik Muhammad Qayyum, J |
| Parties | Maj. (Retd.) Raja QURBAN HUSSAIN Versus THE SECRETARY SERVICES, GOVERNMENT OF PUNJAB |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the High Court bench comprising: Malik Muhammad Qayyum, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Maj. (Retd.) Raja QURBAN HUSSAIN Versus THE SECRETARY SERVICES, GOVERNMENT OF PUNJAB). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Dilawar Mahmood for Petitioner.
- Maqbool Elahi Malik, A.-G. for Respondents.
Judgment & Decree
(b) Constitution of Pakistan (1973)
Art.139
Refusal to extend period of contract of employment
Competency of Chief Minister
Petitioner having been employed on contract under the orders of Chief Minister and terms of contract being extended from time to time under his orders, such petitioner being beneficiary of the order of Chief Minister could not turn round and claim that he had no jurisdiction in the matter
Chief Minister was authorized under Rules of business framed under Art.139 of the Constitution. and was competent authority in cases of appointment in Grade-19 or above in the attached departments of the Government
Chief Minister thus, had competency to refuse extension of period of petitioner's employment on contractual basis. (c) Constitution of Pakistan (1973)
Art.199
Employment on contract basis or regularization of service
Petitioner being an ex-army officer, his claim way based upon the policy of federal Government for the induction/re-employment of the Officers of Armed Forces of Pakistan in civil posts
Policy of Federal Government for such re-employment of Army Officers, on face of it applied to the Federal and not the Provincial Government
Petitioner had, thus, no right to claim benefit under such policy. (d) Punjab Civil Servants Act (VIII of 1974)
S.4
Punjab Civil Servants (Appointment and Conditions of Service) Rules 1974, R.4
West Pakistan Civil Service (Executive Branch) Rules, 1964, R.2-- Constitution of Pakistan (1973), Art.199
Army officer having been employed on contract claiming to be regularized in civil service
Petitioner on expiry of contract period could not have been re-employed on basis of any enactment in the Geld
Petitioner's appointment, could be made only in relaxation of the rules
Policy of relaxation of rules, however, had been deprecated by the Supreme Court in Muhammad Iqbal Khokhar's case reported as PLD 1991 SC 35
Petition was dismissed in circumstances. Muhammad Iqbal Khokliar and 3 others v. The Government of the Punjab through the Secretary to Government of the Punjab, Lahore and 2 others PLD1991SC35rel. Dilawar Mahmood for Petitioner. Maqbool Elahi Malik, A.-G. for Respondents. Date of hearing: 1st July, 1991.