Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--K.P.K Education and Training Ordinance, 1971, Ss. 19 & 20--Constitutional petition--Notification of retired lieutenant as principal was terminated--Not attained status of statutory rules--Constitutional petition against non-statutory body, was not maintainable--Petition was not maintainable as relating master and servant exists between parties--Period of contract was terminated and was entitled to draw one month pay in lieu of giving one month notice--Terms and condition of appointment orders--Terminating services was assigned no reason--Determination--Entitled to be served with notice before termination of contract of service--Validity--There is a marked distinction between simpliciter termination of service in accordance with terms and conditions of appointment and termination of service on ground of misconduct--No doubt if a person is employee on contract basis and terms of employment provides manner of termination of his service, same can be terminated in terms thereof--By now it is settled law that in contractual obligation no writ can be issued by High Court under Art. 199 of Constitution unless contract employment of a person is terminated with any stigma--Petitioner, in contractual appointment, is not vested with a right to press for his reinstatement into service for left over period--Before publication in official gazette a drafted notification is of no significance and legal importance and legally it cannot be termed as "Notification."--Where services of an employee are not governed by any statutory rules, principle of master and servant would be applicable and therefore, jurisdiction of High Court could not be exercised--Being not published in official gazette, did not have statutory force and therefore, petitioner would not be legally entitled for invoking constitutional jurisdiction for seeking his reinstatement--An employee of corporation institution in absence of violation of law or any statutory rules could not press into service constitutional jurisdiction or civil jurisdiction for seeking relief for reinstatement in service--Remedy against wrong dismissal or termination is only to claim…

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