Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----Contractual employment---Maintainability---Scope---Petitioner, a contractual employee, after being dismissed from service, sought a direction from the High Court under constitutional jurisdiction to the competent authority to decide his representation---Contention of petitioner was that two regular employees who were dismissed from service along with him had been reinstated in service as the Service Tribunal had remanded their matter for a de novo inquiry---Validity---Contractual services came to an abrupt end upon the employee being held guilty of a misdemeanour let alone a felony (which was the present case)---Petitioner, according to information provided by the administrative department, still had to make good the monetary loss he had been held guilty of embezzling and there was no coming back for him---Employee's relations with his master stood severed by the self-executory contract---Petitioner could not be treated at par with his colleagues who were regular employees---Contractual employee served at the absolute and unfettered pleasure of his master---On the other hand, a regular employee was entitled to statutory procedural protection in the event of facing a charge of misconduct---Court while issuing directions for deciding representations had to give due regard to the rights of such other persons in particular who might be the direct affectees of such direction---Constitutional petition being not maintainable was dismissed, in circumstances. Federation of Pakistan through Secretary Law, Justice and Parliamentary Affairs v. Muhammad Azam Chattha 2013 SCMR 120; Federation of Pakistan, Chamber of Commerce and Industry, Karachi v. Ali Ahmed Qureshi 2001 SCMR 1733 and Pakistan Telecommunication Co. Ltd. through Chairman v. Iqbal Nasir and others PLD 2011 SC 132 ref. Federation of Pakistan, Chamber of Commerce and Industry, Karachi v. Ali Ahmed Qureshi 2001 SCMR 1733; Owais Shams Durrani and others v. Vice-Chancellor, Bacha Khan University, Charsadda and another 2020 SCMR 1041; Secretary, State of Karnataka and others v. Umadevi and others 2006 (4) SCC 1; Province of Punjab through Secretary Livestock and Dairy Development…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492