| Case ID |
025351bc-5e86-447e-bbd3-a933145fdcc6 |
| Body |
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| Case Number |
Civil Petition No.828 of 2004 |
| Decision Date |
Dec 01, 2004 |
| Hearing Date |
Dec 01, 2004 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal. The Court found that the petitioner, appointed as District and Sessions Judge on an ad hoc basis, could not claim permanency in his position simply due to the continuation of his employment. The Court reiterated that ad hoc appointments do not confer rights to seniority or permanent status. The Chief Justice’s decision to withdraw the case from one tribunal bench to another was upheld as permissible, and no prejudice was shown to have occurred from this transfer. The Court maintained that the petitioner’s claims were not substantiated by the law, and thus the decision of the Balochistan Subordinate Judiciary Service Tribunal was affirmed. |
| Summary |
In the case of Civil Petition No.828 of 2004, the Supreme Court of Pakistan addressed the complexities surrounding ad hoc appointments in the judiciary. The petitioner, Muhammad Wasay Tareen, contested the non-extension of his service as a District and Sessions Judge, arguing that his prolonged ad hoc status should have led to a permanent appointment. The Court clarified that ad hoc appointments are inherently temporary and do not grant rights to permanency or seniority. The decision emphasized the importance of adhering to established recruitment methods as outlined in the Balochistan Subordinate Judiciary Service Tribunal Act. The ruling highlighted the procedural powers of the Chief Justice in managing tribunal cases and confirmed that the withdrawal of cases between benches does not infringe upon the rights of the parties involved, provided no prejudice is shown. The case underscores essential principles regarding temporary judicial appointments and the legal framework governing them, providing clarity for future cases in similar contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMID ALI MIRZA,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Syed Iftikhar Hussain Gillani,
Salahuddin Khan Mengal,
Raja Muhammad Afsar
|
| Petitioners |
MUHAMMAD WASAY TAREEN
|
| Respondents |
CHIEF JUSTICE OF BALOCHISTAN through Registrar of High Court of Balochistan, Quetta
|
| Citations |
2005 SLD 1001,
2005 PLC 1085
|
| Other Citations |
Manager Jammu and Kashmir State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678,
Muhammad Siddiq Javaid Chaudhry v. The Government of West Pakistan PLD 1974 SC 393,
Mian Muhammad Afzal and others v. Government of the Punjab and others 1982 SCMR 408,
Federation of Pakistan and another v. Hashim Shah Qureshi 1987 SCMR 156,
Mrs. Naila Khalid v. Pakistan through Secretary Defence and others PLD 2003 SC 420,
Ghulam Sarwar v. Province of Punjab 1982 SCMR 46,
Chief Secretary, Government of the Punjab, Lahore and another v. Abdul Majeed 2001 SCMR 1971,
Muhammad Azam Khan and others v. Government of N.-W.F.P. through Chief Secretary, N.-W.F.P. Peshawar and 4 others 1998 SCMR 204,
Muhammad Azam Ali and 35 others v. Government of the Punjab through Chief Secretary and another 1985 SCMR 1408,
Saifuddin v. Secretary to Government of the Punjab and others 1982 SCMR 877,
Farida Khanum v. Federation of Pakistan through Secretary, Education, Islamabad C.P. No.957 of 1999,
Amjad Ali v. Board of Intermediate and Secondary Education and others 2001 SCMR 12,
Muhammad Siddique Ahmed Khan v. Pakistan Railways 1997 SCMR 1514 distinguished
|
| Laws Involved |
Balochistan Subordinate Judiciary Service Tribunal Act (VI of 1989),
Constitution of Pakistan (1973)
|
| Sections |
5,
3,
4,
212(3)
|