Law:

Section:

(a) University of Punjab Act (IX of 1973)-------Ss. 6(1), 11, 15(3) & 31(2)(iii)---Constitution of Pakistan, Arts.10-A, 105 & 199---General Clauses Act (X of 1897), S.24-A---Constitutional petition---Lecturer in Geography Department---Termination of service after four years on basis of petitioner's unsatisfactory annual confidential reports---University's plea that petitioner was appointed temporarily against a vacant post of Assistant Professor and her services were terminable on one month's notice or pay in lieu thereof; and that constitutional petition was not maintainable due to absence of statutory service rules---Validity---Contract employee would be entitled to hearing, if his/her termination of service was on basis of any allegation---Petitioner's termination from service on such allegation was hit by S.24-A of General Clauses Act, 1897---According to advertisement, post of Lecturer was likely to become permanent with passage of time---Petitioner remained in service as Lecturer for four years without any break or extension---According to condition of probation contained in University statute applicable to employee appointed against permanent post, temporary post of lecturer after one year would become permanent, thus, petitioner would be deemed to be permanent lecturer by operation of law---Governor of Province while acting as Chancellor would be a statutory functionary due to insertion of subsection (8) in S.11 of University of Punjab Act, 1973 for being a referential legislation, thus, amendments brought about in Art.105 of the Constitution would be read therein for being fully applicable thereto---According to S.31(2)(iii) of University of Punjab Act, 1975, Chancellor had exclusive powers to make Efficiency and Discipline Rules pertaining to teachers etc.---Chancellor's powers qua framing of such rules were constitutional, thus, such rules framed by him would be deemed to be statutory rules---High Court declared impugned order to be without lawful authority and of no effect while directing reinstatement of petitioner in service without back-benefits to the extent of salary and she would be entitled to seniority after completion of probation…

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