Law: Specific Relief Act, 1877

Section: 42

(a) Specific Relief Act (I of 1877)--- ----S.42---Termination/dismissal from service for furnishing fake/bogus bachelor degree---Statutory corporation having no statutory rules---Master and servant, relationship of---Suit for declaration---Maintainability---Petitioner’s suit was rejected by the Civil Judge on ground of being barred by law observing that remedy available to her was a suit for damages---Appeal was also dismissed by District Judge----Petitioner contended that there was no need to file Bachelor Degree and the required qualification for appointment was only Intermediate; that she filed Intermediate Certificate which was not found to be fake; and that she could not be dismissed on account of irrelevant document---Validity---Petitioner’s reply to show cause notice and contents of her pleadings showed that she did not claim that there was no need to file Bachelor Degree and that the same was not required qualification for appointment---Petitioner previously sought direction of High Court through constitutional petition for constitution of a fresh Review Committee to consider her Bachelor Degree and High Court had dismissed the said petition in limine declaring the same to be unmaintainable because of her suit pending before Civil Court, but no comment was sought/required to be made as to maintainability of suit for declaration---Remedy did not lie in seeking declaration/injunction rather the petitioner would be entitled to seek damages which could be granted if she proved that the termination/removal was not genuine or bona fide or amounted to unfair treatment---Case of illegal termination of service of employees of the corporation would be regulated by rule of master and servant---Revision petition was dismissed accordingly. Pakistan International Airlines Corporation v. Syed Suleman Alam Rizvi and others 2015 SCMR 1545; Abdul Wahab and others v. Habib Bank Limited and others 2013 SCMR 1383 and Pakistan Refugee and Rehabilitation Finance Corporation, Lahore and another v. Syed Karamat Hussain PLD 1966 (W.P.) Lah. 442 ref. (b) Specific Relief Act (I of 1877)--- ----S. 42---No statutory rules---Master and servant, relationship of---Suit for declaration…

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