| Case ID |
2054197e-5ee3-403b-b476-0055dfacfd89 |
| Body |
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| Case Number |
Writ Petitions Nos.47 of 2004, 349, 328, 359, 348 |
| Decision Date |
Feb 03, 2010 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the writ petitions filed by the petitioners who were contract employees appointed against temporary posts. The court held that their services were governed by the specific terms and conditions of their contracts, which precluded them from invoking writ jurisdiction under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. The court found that the petitioners could not claim any legal right to permanent employment based on their temporary contracts. The judgment emphasized that the terms of the contract were binding and that the petitioners were not entitled to relief under the law as their employment was contingent upon the completion of the project for which they were hired. The decision reinforced the principle that temporary appointments do not confer rights to permanency in government service. |
| Summary |
This case revolves around the dismissal of several writ petitions concerning the termination of contract employees in the education sector of Azad Jammu and Kashmir. The Supreme Court affirmed that the petitioners, who were employed on a contract basis, could not invoke the High Court's writ jurisdiction as their employment was temporary and governed by specific contractual terms. The court clarified that the conclusion drawn from the completion of the project led to the cessation of their services, and thus, they had no legal standing to challenge their termination. This ruling is significant in understanding the limitations of contract employment in public service and the binding nature of contract terms. Keywords: contract employment, temporary posts, writ jurisdiction, Azad Jammu and Kashmir, legal rights, Supreme Court decision. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RAFIULLAH SULTANI, J,
MUHAMMAD AMJAD
|
| Lawyers |
Not available
|
| Petitioners |
RAFIULLAH SULTANI,
MUHAMMAD AMJAD
|
| Respondents |
SECRETARY, EDUCATION, AJ&K MUZAFFARABAD
|
| Citations |
2010 SLD 3118,
2010 PLC 645
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
44
|