2008 PLP (C (PLC(CS))
AATIR MAHMOOD Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Petroleum and Natural Resources, Islamabad and another
| Citation | 2008 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Mian Saqib Nisar, J |
| Parties | AATIR MAHMOOD Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Petroleum and Natural Resources, Islamabad and another |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Mian Saqib Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP (C (PLC(CS)) (AATIR MAHMOOD Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Petroleum and Natural Resources, Islamabad and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Art. 199
Constitutional petition
Legitimate expectation, principle of
Petitioner was contract employee and his service was dispensed with in accordance with terms and conditions of the contract--Plea raised by petitioner was that he had legitimate expectation to be absorbed in service after having successfully completed training period
Condition stated in contract was very clear and under no circumstances petitioner should have had any impression or understanding for absorption as a permanent employee of respondent-Company
Rule of legitimate expectation was not attracted to petitioner and order of dispensing with the service of petitioner did not suffer from any illegality
High Court, in exercise of Constitutional jurisdiction, declined to interfere with the order passed by authorities
Petition was dismissed in circumstances. Muhammad Mubeen-us-Salam and others v. Federation of Pakistan through Secretary M.O. Defence Government of Pakistan and others PLD 2006 SC 602 ref. Muhammad Safdar Shaheen Pirzada far Petitioner.
Judgment & Decree
MIAN SAQIB NISAR, J.
The petitioner, vide appointment letter dated 31-12-1995 was appointed as Management Trainee, by respondent No.2 and clause 2 of the letter reads as follows:
"(2) Your training is for a fixed period of 2 years which is not extendable under any circumstances and does not entitle you for a regular job/service in company." This condition was accepted by the petitioner and he joined the trainee service. Subsequently, upon the expiry of two years, his services have been dispensed with, vide letter, dated 30-12-1.997 which was challenged by the petitioner before the Federal Service Tribunal and the matter was pending there, but on account of the judgment of the Honourable Supreme Court reported as Muhammad Mubeen v. Salam and others v. Federation of Pakistan through Secretary M/O Defence Government of Pakistan and others PLD 2006 SC 602, the petitioner has been conveyed about the abatement of his appeal before the FST.
2. The petitioner has now challenged the order dated 30-12-1997 and it is contended by his learned counsel, that the petitioner had legitimate expectation to be absorbed` in the service after having successfully completed the trainee period.
3. I am afraid, that the condition, reproduced above, is very clear and under no circumstances, the petitioner should have had any impression or understanding for the absorption as a permanent employee of the company, therefore, the rule of legitimate expectation is not attracted to the case, and thus, the order, dated
30-12-1997 does not suffer from any illegality, so as to be interfered in~ the constitutional jurisdiction. This petition thus, has no merits and is hereby dismissed. M.H./A-190/L Petition dismissed.