Law:

Section:

Khyber Pakhtunkhwa Civil Servants Act (XVIII of 1973)--- ----S. 2(1)(b)(ii)---Constitution of Pakistan, Art.199---Constitutional petition---Termination of service of a person employed on contract or on work-charged basis---Petitioner was appointed on daily wages basis with one day break after 89 days; and said order was extended from time to time, but vide impugned order his services were terminated being no more required, which order had been called in question by the petitioner---Provisions of S.2(1)(b)(ii) of Khyber Pakhtunkhwa Civil Servants Act, 1973 did not include the person who was employed on contract basis or work-charged basis, or paid from contingencies---Person temporarily employed, could not claim to be a person of having any legal character; and employer was always to be held so arbiter to deal with the employee in accordance with the terms of his contract---If the service of a temporary employee was terminated in conformity with the terms and conditions of his agreement, he would have no cause of action---Petitioner's appointment being purely temporary on daily wages basis, his services in terms of his employment contract could be terminated in the absence of any alleged violation of provision of law/statutory rules. Shamshad Ali Khan v. Commissioner Lahore and others 1969 SCMR 122; 1981 PLC (C.S.) 15; Nizamuddin v. CAA 1999 SCMR 467; PSIC v. Ahmad Akhtar Sheema 2002 SCMR 549 and Anwar Ali Sahto v. Federation of Pakistan PLD 2002 SC 101 rel. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.--- Petitioner, Sajid Ali Shah, has called in question his termination order dated 4-1-2012 as well as order dated 19-1-2012 whereby his name was excluded from the list regarding regularization of contract / daily wage employees. 2. As per averments made in the petition, the petitioner was appointed in WAPDA as Senior Clerk on daily wage basis with one day break after 89 days. The said order was then extended from time to time but vide order dated 4-1-2012 his services were terminated with effect from 31-12-2011 being no more required. Grievance of petitioner is that vide letter dated 5-1-2012, the service record of contract/daily wage employees for regularization was…

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