Law: Constitution of Pakistan, 1962

Section: 199

Law: Pakistan Medical Commission Act, 2020

Section: 15(2),(7)

(a) Constitution of Pakistan--- ----Art.199---Constitutional petition---Contractual appointments---Principles---Statutory post fixed by tenure---Effect---Such is master’s prerogative to terminate servant’s contractual appointment if the former does not find the latter’s performance to be satisfactory---Such termination can take place in accordance with terms and conditions of employment contract---Contractual employee cannot insist for a regular inquiry to be held regarding employer’s satisfaction with employee’s performance---Contractual nature of person’s employment makes his relationship with his employer that of master and servant---High Court in exercise of jurisdiction under Art.199 of the Constitution, can neither declare termination of an employee’s contractual employment to be unlawful nor can hold that employment contract continues to subsist--- Such principles do not apply where a statute, in explicit terms, requires an appointment to be made for a fixed tenure and also prescribes ground for removal of the appointee--- Appointment by contract containing termination clause which enables employer to terminate employment without assigning any reason and on payment of salary in lieu of notice amounts to circumventing statutory mandate of appointment being made for a fixed tenure. (b) Pakistan Medical Commission Act (XXXIII of 2020)--- ----S.15(2)---Appointment of Members of National Medical Authority---Tenure post---Condition in appointment letter---Scope---By making appointment of a Member of National Medical Authority, for a fixed term of four years, under S.15(2) of Pakistan Medical Commission Act, 2020, affords protection and security of tenure to such Member---Statutory protection cannot be whisked away by a condition in letter of appointment---Such condition in appointment letter cannot override or circumvent statutory protection afforded to petitioner by S.15(2) of Pakistan Medical Commission Ac, 2020---Parties cannot contract out of beneficial provisions in a statute. E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536 rel. (c) Pakistan Medical Commission Act (XXXIII of 2020)--- ----S.15(2) , (7)---Constitution of Pakistan, Art.199---Constitutional…

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