Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Contractual employment---Public limited company (employer) having non-statutory service rules---Terms and conditions of service---Constitutional petition under Art.199 of the Constitution challenging deductions made from monthly salary of an employee working for a corporation having non-statutory service rules---Employer establishment had non-statutory executive service rules, which were contractual in nature and lacked statutory protection---Writ could not be issued in such circumstances---Constitutional petition was dismissed as being not maintainable. PLD 2006 SC 602; PLD 1999 SC 1106; Ali Gohar v. M.D. SNGPL and others 1998 PLC (C.S.) 828 and Mian Abdul Wahid v. MD SNGPL Writ Petition No.1499 of 2006 rel. ORDER WAQAR AHMAD SETH, J:- Petitioner Muhammad Naseer Khan, through this writ petition has called in question order, dated 26-9-2011, whereby his representation for refund of deducted amount of Rs.213696 from monthly salary from October, 2010 to March, 2011, has been turned down by the competent authority and has asked for issuance of an appropriate writ directing the concerned authorities to reimburse the recovered amount and to restore the basic salary of Rs.18790, with effect from 12-11-2002. 2. Precise facts leading to the present writ petition are that petitioner is serving since 28-12-1994, in different capacities like Assistant Accountant, Supervisor, Audit and Accountant, in the Sui Northern Gas Pipe Lines Ltd. In the year, 2002 numerous incumbents, even junior to petitioner were promoted by ignoring the petitioner, therefore, petitioner approached Federal Service Tribunal, Islamabad and the learned Tribunal was pleased to accept his appeal, directing the respondents to promote him from the date when his junior were promoted to Grade-1 (Executive Cadre). Accordingly, petitioner was promoted to the Executive Cadre having basic salary of Rs.18790 with effect from 1-9-2006 vide order dated 10-6-2006. As such petitioner filed a writ petition before this forum claiming the implementation of the judgment of the Federal Service Tribunal, to the extent of promotion…

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