Law:

Section:

(a) Sacked Employees (Reinstatement) Act (XXII of 2010)---S. 4(b)---Sacked Employees (Reinstatement) Ordinance (XXIII of 2009), S. 6(2)---Banking Tribunals Ordinance (LVIII of 1984), Ss.4(1) & 4(3)---Constitution of Pakistan, Art. 185(3)---Contract employee---Removal from service before expiry of employment period---Reinstatement and regularization of such employee via notification under S.4(b) of Sacked Employees (Reinstatement) Act, 2010---Validity---Competent authority withdrawing said notification on account of it being issued inadvertently---Legality---Contract employee (respondent) was appointed as Presiding Officer of Banking Tribunal for a period of three years but his contractual appointment was terminated by the competent authority after about two years, however subsequently he was reinstated in terms of S.6(2) of Sacked Employees (Reinstatement) Ordinance, 2009 for remaining period of one year against supernumerary post of BPS-22---Contract employee was not satisfied with the said notification and challenged the same in writ petition before the High Court, claiming that he was entitled to be re-instated on the original terms and conditions entitling him to a salary, allowances and privileges as that of High Court Judge---High Court directed competent authority to consider the case of contract employee as a consequence of which competent authority via notification under S.4(b) of Sacked Employees (Reinstatement) Act, 2010 reinstated and regularized him in government service with entitlement to pay, allowances and privileges as admissible to a Judge of the High Court---Subsequently competent authority withdrew said notification contending that it had inadvertently issued the same---Intra court appeal filed by competent authority was dismissed---Contentions of competent authority were that contract employee was initially appointed for a period of three years, out of which he discharged his functions for two years and in respect of the left over period of one year, he was reinstated and served the left over period, therefore, notification of his reinstatement and regularization was issued on account of inadvertence---Validity---Contract employee was…

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