Law: Public Sector Companies (Corporate Governance) Rules, 2013

Section: 2(1)(g),13

Law: Constitution of Pakistan, 1973

Section: 199

Public Sector Companies (Corporate Governance) Rules, 2013-- ----Rr.2(1)(g) & 13---Constitution of Pakistan, Art.199---Constitutional petition---Mandamus, writ of---Scope---Contract employment---Regularization---Scope---Petitioner was working as Company Secretary with Trading Corporation of Pakistan who sought regularization of his service---Validity---Petitioner was a contractual employee having no vested right for regular appointment or to seek regularization of his service---Petitioner was debarred from invoking Constitutional jurisdiction of High Court---Writ of mandamus could not be claimed as a matter of right---For issuance of direction in the nature of mandamus, there must be a legal right existing in favour of the person seeking writ of mandamus and a corresponding legal duty imposed upon public officer or authority against whom the writ was sought---Company Secretary of a public sector company under R.13 of Public Sector Companies (Corporate Governance) Rules, 2013 was to be appointed by Board of that company---Petitioner did not have any vested right to seek regularization of his contractual service and he also did not acquire any legal right from appointment made by respondent company who accepted his employment on contract---No corresponding duty was cast on Trading Corporation of Pakistan to appoint petitioner on regular basis---High Court declined to grant writ of mandamus in favour of petitioner---Constitutional petition was dismissed, in circumstances. Farzand Ali v. Province of West Pakistan PLD 1970 SC 98; Government of Balochistan, Department of Health, through Secretary Civil Secretariat, Quetta v. Dr. Zahida Kakar and 43 others 2005 SCMR 642; Dr. Mubashar Ahmed v. PTCL, through Chairman, Islamabad and another 2007 PLC (C.S.) 737; Sindh High Court Bar Association v. Federation of Pakistan PLD 2009 SC 879; Abid Iqbal Hafiz v. Secretary, Public Prosecution Department, Government of Punjab, Lahore and others PLD 2010 SC 841; Suo Motu Case No.15 of 2010 (In re : Sou Motu action regarding regularization of contract employees of Zakat Department and appointment of Chairman of Central Zakat Council) 2013 SCMR 304; Qazi Munir Ahmed v.…

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