| Case ID |
391266f9-4591-444f-a3c7-65fae86e939e |
| Body |
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| Case Number |
Writ Petition No. 746 of 2019 |
| Decision Date |
Feb 24, 2021 |
| Hearing Date |
Feb 24, 2021 |
| Decision |
The Peshawar High Court dismissed the constitutional petition filed by Raza Ali Khattak and others, ruling that they could not claim regularization of their services as a right under the Khyber Pakhtunkhwa Universities Act, 2012. The court noted that the petitioners were appointed as contractual employees and their services could be terminated without notice. The court also referenced previous judgments indicating that contractual employees do not possess a vested right to seek regularization. The petitioners' claims were deemed without merit, leading to the dismissal of their petition. |
| Summary |
In the case of Writ Petition No. 746 of 2019, the Peshawar High Court addressed the issue of contractual employment and the right to regularization under the Khyber Pakhtunkhwa Universities Act, 2012. The petitioners, Raza Ali Khattak and others, challenged their termination from the university, arguing for the regularization of their services. The court held that, despite the petitioners serving from 2013 to 2019, there was no legal basis for their claim to regularization as a right, given the discretionary nature of contractual employment. The court dismissed the petition, reinforcing the principle that contractual employees lack a vested right to regularization unless explicitly provided by law. The decision highlights important legal precedents regarding employment rights in the educational sector, emphasizing the need for clear statutory provisions for regularization of services. |
| Court |
Peshawar High Court
|
| Entities Involved |
Abdul Wali Khan University, Mardan
|
| Judges |
Qaiser Rashid Khan, CJ,
Muhammad Naeem Anwar, J
|
| Lawyers |
|
| Petitioners |
Petitioner 2,
Petitioner 3,
Petitioner 4,
Raza Ali Khattak
|
| Respondents |
Respondent 2,
Vice Chancellor Abdul Wali Khan University, Mardan
|
| Citations |
2022 SLD 2448,
2022 PLC 1540
|
| Other Citations |
Owais Shams Durani and others v. Vice-Chancellor Bach Khan University, Charsadda and another 2020 SCMR 1041,
PLD 2011 SC 132,
2013 SCMR 302,
2005 SCMR 642,
2016 MLD 95,
2013 SCMR 13,
2013 SCMR 304,
2017 PLC (C.S.) 940
|
| Laws Involved |
Khyber Pakhtunkhwa Universities Act
|
| Sections |
11(5)(e)
|