Case Details

Citation(s)
2021 SLG 1092 2021 SLD 1092 2021 PLC 596
Lahore High Court
Intra Court Appeal No. 44 of 2014, heard on 18th November, 2020, Date of hearing: 18th November, 2020.
MASUD ABID NAQVI, JUSTICE, JAWAD HASSAN, JUSTICE
Salman Mansoor for Appellant. Imran Malik, Law Officer-NADRA for
Respondents.

ABDUL WAJID

VS

NATIONAL DATABASE AND REGISTRATION AUTHORITY AND OTHERS

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----Contractual employment---Scope---Appellant assailed the dismissal of his constitutional petition which was filed against the termination of his contractual employment---Validity---Contract of employment explicitly showed that the appointment was purely temporary which could be terminated on thirty days notice or in lieu of payment without assigning any reason---Appellant, at the time of joining, had accepted all the terms and conditions of his contractual employment and he could not resile from the same at belated stage---Record established that the appellants performance had remained unsatisfactory---Intra court appeal, being bereft of any force, was dismissed. Chairman NADRA, Islamabad, through Chairman, Islamabad and another v. Muhammad Ali Shah and others 2017 SCMR 1979 ref. Shahzad Ghohar v. Government of Punjab and Aitchison College through its Board of Governor 2018 PLC (C.S.) Note 1; Muhammad Mohsin Ismail v. Managing Director Punjab Daanish Schools and 2 others 2018 PLC (C.S.) 722; Dr. Abid Ali v. Chief Secretary, Government of Punjab and 3 others 2017 PLC (C.S.) 488; Mubashar Majeed v. Province of Punjab and 3 others 2017 PLC (C.S.) 940; IPC through Secretary v. Arbab Altaf Hussain 2014 SCMR 1573; Kamran Ahmad v. WAPDA 2014 PLC (C.S.) Lah. 332; Miss Naureen Naz Butt v. Pakistan International Airlines through Chairman, PIA and others 2020 SCMR 1625 and Pakistan International Airlines v. Naureen Butt 2017 PLC (C.S.) 923 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Contractual employment---Scope---Contract employee cannot seek enforcement of contractual obligations by invoking constitutional jurisdiction. Maj. (Retd) Syed Muhammad Tanveer Abbas v. Federation of Pakistan through Secretary Ministry of Interior and another 2019 SCMR 984 and Chairman NADRA, Islamabad v. Muhammad Ali Shah and others 2017 SCMR 1979 ref. JUDGMENT JAWAD HASSAN, J.---- Through this judgment, we intend to decide instant Intra Court Appeal filed under Section 3 of the Law Reforms Ordinance, 1972 (the Ordinance) against the impugned order dated 10.12.2013 passed in Writ Petition No.23630 of 2010 by the…
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