| Case ID |
384eff3b-ab0e-480b-9403-6abef22e3c13 |
| Body |
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| Case Number |
W.P. No. 3490-P of 2018 |
| Decision Date |
Oct 18, 2018 |
| Hearing Date |
Oct 18, 2018 |
| Decision |
The Peshawar High Court dismissed the constitutional petition challenging the termination of services of the petitioners, who were employees of Abdul Wali Khan University. The court found that the inquiry committee's recommendation for termination was valid due to the illegal appointments against non-sanctioned positions. The petitioners failed to prove the existence of sanctioned posts and were terminated during their probationary period without the need for a show-cause notice. The court upheld the decisions of the university administration and deemed the appointments null and void, emphasizing the lack of available vacancies and the surplus nature of the appointments made. |
| Summary |
This case revolves around the termination of services of several employees at Abdul Wali Khan University, Mardan, following an inquiry into their appointments. The court addressed issues related to illegal appointments, lack of sanctioned posts, and the validity of the termination process. The petitioners argued against their dismissal, claiming there were available vacancies and that their appointments were legitimate. However, the court found that the appointments were made against non-sanctioned positions and upheld the university's decision to terminate the petitioners during their probationary period. This case highlights the critical importance of adhering to proper appointment procedures and the legal ramifications of surplus and illegal appointments within public sector institutions. Keywords: unlawful termination, employment law, administrative justice, higher education appointments, legal procedures. |
| Court |
Peshawar High Court
|
| Entities Involved |
Abdul Wali Khan University, Mardan
|
| Judges |
Rooh-ul-Amin Khan,
Qalandar Ali Khan
|
| Lawyers |
Qazi Muhammad Anwar,
Khalid Rehman,
Muhammad Asif Yousafzai,
Mansoor Tariq,
Zartaj Anwar,
Ali Gohar
|
| Petitioners |
Muhammad Arshad,
Khadim Hussain,
Taj Nabi,
Ms. Sadaf Bibi,
Sikandar Khan,
Ms. Rani Begum,
Mehwish Imtiaz,
Ms. Jawaria,
Shahzad Jamil,
Dr. Nizam-ud-Din,
Abdul Wajid,
Hassan Rehman,
Zahoor Rehman,
Jasim Sher,
Ms. Kalsoom Begum,
Ms. Afshan and 47 others,
Zia-ul-Islam and 03 others,
Muhammad Abbas and 36 others,
Ms. Naila Anjum and 50 others,
Ms. Sana Muqadar and 24 others,
Ms. Rani Gul and 23 others
|
| Respondents |
Abdul Wali Khan University, Mardan through Vice Chancellor and Others
|
| Citations |
2019 SLD 2634 = 2019 PLC 828
|
| Other Citations |
2003 PLC (C.S.) 1421,
2003 PLC (C.S.) 285
|
| Laws Involved |
Not available
|
| Sections |
Not available
|