Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199 was a contractual employee--Dismissal from service--Filling of representation--Non-availability of representation--Relationship with employer--Writ petition--Dismissed--Filing of ICA--Withdrawal of ICA--Filing of another representation instead of appeal before service tribunal--Guilty of embezzlement--Maintainability--Lacking of similarity between a contractual employee and a civil servant--There is no provision for any such representation either in terms of his contract or in any law--His earlier writ petition having been declined, there was no place in propriety either for another representation--Representation remained unattended and petitioner has again approached this Court through present Constitutional petition which is eminently not maintainable--He seeks a Mandamus to be issued so as for Director General, Excise to decide his representation, according to information provided by administrative department still has to make good monetary loss he has been held guilty of embezzling--There is no coming back for him--His relations with his master stand severed by self-executory contract cannot, under any circumstances be treated at par with his colleagues who are regular employees--Prayers of petitioner come across as non-starters since neither can his representation be countenanced since it falls foul of his contractual terms and since facility is not available to him under any law and his prayer to be treated at par with regular civil servant is, likewise, naive and misplaced since, both, contractual employees and regular employees are species apart--Petition dismissed. Contractual employee-- ----A contractual employee knowingly gains contractual employment, fully familiar with terms of his contract of service, completely acquainted with delicate balance between master and servant and cognizant of absolutely temporary and transient nature of job. Regular employee-- ----Availing of remedy--A regular employee can avail remedy before a quasi-judicial forum, a regular employee can be brought back and reinstated in service, and regular employee can then face a denovo inquiry--Regular employment is attractive also…

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