Law:

Section:

Civil service--- ----Contractual appointment---Regularization---Non-statutory rules---Appellants sought continuation of their service with respondent company but Single Judge of High Court declined to interfere in the matter as the rules were non-statutory---Validity---Ownership and control of respondent company by Federal Government did not ipso facto entail conclusion that the Service Manual was approved or was required to be approved by Federal Government---Approval of Service Manual would not bring it as a sub-delegated legislation under a statute---Division Bench of High Court declined to interfere in the order passed by Single Judge of High Court---Intra Court Appeal was dismissed in circumstances. Shafiq Ahmed Khan v. NESCOM through Chairman, Islamabad PLD 2016 SC 377; Muhammad Zaman and others v. Government of Pakistan through Secretary, Finance Division (Regulations Wing), Islamabad 2017 SCMR 571 and Muhammad Ashraf Tiwana v. Pakistan 2013 SCMR 836 rel. Asad Iqbal Siddiqui for Appellants. ORDER SARDAR EJAZ ISHAQ KHAN, JUSTICE:---.--- By this consolidated order, we dispose of ICAs 23/2022 and 24/2022 as they raise common questions of law and arise out of identical orders, whereby the two writ petitions were dismissed for the reason that the primary prayer therein for mandamus for the appellants to continue in their employment with respondent No.1 company, Pak Datacom Limited, could not be granted because of the absence of any statutory rules governing the employment with Pak Datacom. 2. The learned counsel for the appellants laid emphasis on the maintainability of the petition claiming that Pak Datacom is owned and controlled by the Government, as 5 out of 8 directors on the board of directors of Pak Datacom are appointed by the Government and that 54% shareholding of Pak Datacom is held by Telecom Foundation, which is an attached wing of the Ministry of Information Technology and Telecommunication, and that it is a Public Sector Company as defined in the Companies Act, 2017. But the memos of the writ petitions also state that Pak Datacom is a public limited company listed on the stock exchange and ‘ is now governed under the prevailing Companies Act,…

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