| Citation(s) |
|---|
| 2018 SLG 2626 2018 SLD 2626 2018 PLC 1284 |
W.Ps. Nos. 2904, 3074, 3917 of 2016 and 4343 of 2017, decision Dated: 24-01-2018, hearing Date : 24-08-2017 and 23-01-2018.
Muhammad Salman Ajaib and Barrister Salman Rashid for
Respondents Nos.2 and 3.
WAHAZ ZULFIQAR AND 15 OTHERS
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY CABINET
Law:
Section:
(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----Preamble---Master and servant, relations of---Scope---Contract employees of a statutory Body---Termination from service---Scope---Employees were appointed on contract basis through employment agreement---Employment contracts of employees were for fixed period subject to the continuation of grant by the Global Fund---Said contracts contained termination clauses empowering the employer to terminate the contracts on thirty days written notice---Employees were bound by the terms and conditions of their employment contracts---High Court under constitutional jurisdiction could neither declare the termination notices to be unlawful nor hold that their employment contracts would continue to subsist after the termination notices---No statutory rules governing the employees' relationship with the employer existed---Employees had relationship with their employer as that of Master and Servant---Employer could terminate the service of employees by giving one month's notice or one month's salary in lieu of such notice---Employees could not file constitutional petition seeking their reinstatement in service and only remedy for them was to file a suit for damages---Where conditions of service of employee of a statutory body were governed by statutory rules then any action prejudicial against such an employee in derogation or in violation of statutory rules could be set aside by the High Court under constitutional jurisdiction---Employer, in the present case, had prerogative to terminate contractual appointment if performance of employee was not satisfactory---Contractual employee could not insist for a regular inquiry to be held with regard to employer's satisfaction with the employee's performance---Notices issued to the employees for their termination did not stigmatize them---Employees were not being paid salaries by the Federal Government; continuation of their employment contracts were contingent on funding from the Global Fund' pay scales could not be determined because they drew their salaries in US Dollars---Regular appointment in BPS-16 and above could only be made through Federal Public…
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