| Citation(s) |
|---|
| 2015 SLG 3112 2015 SLD 3112 2015 PLC 1385 |
Peshawar High Court
Writ Petition No. 3070-P of 2013, decided on 6th November, 2014.
MAZHAR ALAM KHAN, C.J. AND ROOH-UL-AMIN KHAN, J
Abdul Samad Khan and Ishtiaq Ibrahim for Petitioner. Amjad and Syed Sikandar Hayat Shah, A.A.G. for
Respondents
Writ Petition No. 3070-P of 2013, decided on 6th November, 2014.
MAZHAR ALAM KHAN, C.J. AND ROOH-UL-AMIN KHAN, J
Abdul Samad Khan and Ishtiaq Ibrahim for Petitioner. Amjad and Syed Sikandar Hayat Shah, A.A.G. for
Respondents
Lt. Col. (Retd.) SULTAN ZEB KHAN
VS
BOARD OF GOVERNORS, FAZLE HAQ COLLEGE, MARDAN through Chairman and 5 others
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction, invocation of---Scope---Civil service---Contractual employment---Scope---Termination of service---Regular inquiry---Vested right---Non-statutory rules---Effect---Wrong dismissal or termination---Remedy---Petitioner being contract employee was terminated from service and he was held entitled to draw one month pay in lieu of giving one month notice in accordance with terms and conditions of appointment orders---Validity---Petitioner was appointed on contract basis and his services could be terminated by giving one month notice or payment of an amount equal to one month salary in lieu of notice period---Petitioner had been held entitled to draw one month pay in lieu of termination notice---Contract of service did not create any vested right in the appointee so as to make him entitled to be served with notice before termination of contract of his service---Contract of petitioner was terminated without stigmatizing him---Petitioner was given a very safe and honourable exit from service without leveling any allegation against him---If a person was employee on contract basis and terms of employment had provided the manner of termination of his service, same could be terminated in terms thereof---If a person was to be condemned for misconduct then in that event even if he was a contract employee he would be entitled to a fair opportunity to clear his position---Regular inquiry was necessary in case of stigmatized termination---Contract appointment of petitioner had been simply terminated without any allegation of misconduct--- No writ could be issued in contractual obligation by the High Court unless contract employment was terminated with any stigma---Petitioner in contractual appointment was not vested with a right to press for his reinstatement into service for the left over period---Where services of an employee were not governed by any statutory rules the principle of "master and servant" would be applicable and constitutional jurisdiction of High Court could not be exercised---Petitioner was not entitled for invoking the constitutional jurisdiction for seeking his reinstatement---Employee…
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