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2008 PLC (C.S.) 127

AATIR MAHMOOD vs FEDERATION OF PAKISTAN through Secretary, Ministry of

Citation2008 PLC (C.S.) 127
CourtLahore High Court
Case No.Writ Petition No,10659 of 2006
Date2006-10-05
Judge(s)Mian Saqib Nisar
ResultPetition dismissed

ORDER

' 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 30-12-1997 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.

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