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K.L.R. 2015 Labour & Service Cases 23, 2015 C.L.R. 399

Huma Maqsood vs Vice-Chancellor, Iqra University, etc

CitationK.L.R. 2015 Labour & Service Cases 23, 2015 C.L.R. 399
CourtIslamabad High Court
Case No.Writ Petition No. 3888 of 2014
Date2014-09-09
Judge(s)Shaukat Aziz Siddiqui
ResultPetition dismissed

ORDER

' SHAUKAT AZIZ SIDDIQUI, J. --- Facts giving rise to the filing of instant writ petition are that the petitioner was appointed as Assistant Professor in lqra University in May 2009 on contract basis for a period of two years. The services of the petitioner were terminated vide letter dated 11.7.2013. She filed appeal to the University as well as to the Higher Education Commission, but the same bore no fruit, hence she filed present writ petition.

2. Learned counsel for the petitioner submitted that the impugned order of termination of services of the petitioner is based on mala fide and without lawful authority; that the petitioner had rendered four years services without any interruption and a right had been accrued to continue her services, but her services were terminated without assigning any reason and without affording her opportunity of hearing.

3. Admittedly, the contract of the petitioner expired in May 2011 and the same was not specifically extended. The petitioner was informed vide letter dated 11.7.2013 that her employment agreement, under clause 15 of the said agreement, is terminated with immediate effect and one month's salary will be paid in lieu of one month notice period. Perusal of "Employment Agreement" dated 07.7.2009, agreed upon by the petitioner at the time of appointment, shows that the services of the petitioner were purely on contract basis. Clause 15 of the Agreement reads as follows:--- "Termination of Services:---Either the party can terminate this agreement with a prior notice of one (1) month or payment of basic pay in lieu thereof. Resignation by the Employee shall be accepted with the condition that he/she shall complete his/her assignment given to him/her by the University."

' In the light of above clause, Services of the petitioner, could be terminated in absence of any violation of provision of law/statutory rules and without assigning any reason. Having accepted the terms of employment agreement, the petitioner has no locus standi to file instant petition.

4. So far as contention of learned counsel for the petitioner that no opportunity of hearing was provided to the petitioner is concerned, since the petitioner was not stigmatized, so the ground of violation of natural justice is insignificant. Finding no force in this petition, the same is hereby dismissed in limine.

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