Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---   ----Art. 199---Constitutional petition---Petitioner had sought relief to the effect that (a) to declare that Civil Servants Rules and Removal from Service Special Powers Ordinance, 2000 were. not applicable to the employees of Pakistan Telecommunication Company; (b) to declare the impugned order/notification, passed without any lawful authority null and void and without any legal effect and same was liable to be set aside; (c) to restrain the PTCL Management/respondents from evacuating the petitioner from departmental accommodation and other facilities, till the final disposal of the matter---In the present case employer/respondent was PTCL, which did not have any statutory rules of service and even the major portion of the company had been privatized---Counsel for the petitioner in support of his claim had relied upon of Supreme Court dated 22-6-2009, whereunder Supreme Court had maintained filing of constitutional petition by the employees of PTCL and had proceeded to grant relief to them---Supreme Court in its subsequent 12-3-2010 hade decided that in the event where service in a statutory Corporation was not governed by statutory rules of service and where no violation of statutory rules of service was alleged, constitutional petition before the High Court could not be maintained; as the principles of master and servant would apply and employee would have remedy for suing for damages---Constitutional Petition was disposed of with directions to the petitioner to avail remedy in accordance with law.    ORDER GULZAR AHMED, J.---The petitioner has filed this petition for the following reliefs:-- (a) To declare the Civil Servants Rules and Removal from service Special Powers Ordinance, 2000 are not applicable to the employees of Pakistan Telecommunication Company Limited since the privatization and further declare the inquiry conducted as per such rules against the petitioner without lawful authority. (b) To declare the impugned order/notification dated 27-4-2009 passed without any lawful authority null and void and unlawful A without any legal effect, same is liable to be set aside as it was already void ab…

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