Law: Constitution of Pakistan, 1973

Section: 199

Law: Removal from Service (Special Powers) Ordinance (XVII of 2000)

Section: 3,12

Law: Sui Northern Gas Pipelines Limited, Executive Service Rules

Section: 6

(a) Constitution of Pakistan--- ----Art. 199--- Sui Northern Gas Pipelines Limited, Executive Service Rules, R.6---Constitutional petition---Termination simpliciter of employee---Non-extension of probationary period---Automatic confirmation after completion of one year probation period---Scope---Contention that after expiry of one year probationary period, no further extension for 6 months could be granted and service of the petitioner was liable to be confirmed automatically was not only misconceived but also contrary to the relevant rule---Under R.6 of the Service Rules probationary period could be extended by the competent authority and in case the performance during probationary period was not satisfactory, the competent authority could also terminate the services with one month's notice or payment of remuneration in lieu thereof; there was no concept of automatic confirmation---Successful completion of probationary period would not ipso facto make the petitioner permanent unless the term of his appointment letter or rules applicable clearly indicate such intention, which in the present case had not been specified in clear terms either in the appointment letter or in Rules, rather it was specifically mentioned that on completion of probation, services could be terminated with one month's remuneration in lieu of notice, therefore, it could not be said that authorities had acted illegally by not confirming the petitioner automatically on expiry of probation period of one year---Constitutional petition was dismissed in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Sui Northern Gas Pipeline Limited Executive Service Rules, R.6---Constitutional petition---Maintainability---Non-statutory rules of service---Executive Service Rules of Sui Northern Gas Pipeline Limited were neither framed by government nor same were made with the approval of the government, therefore, it did not have a statutory force behind it---Where rules were not statutory, constitutional petition was not maintainable. (c) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----Ss. 3 & 12---Constitution of Pakistan, Art.199---Constitutional petition---…

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