Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----Contractual employment, termination of---Maintainability---Scope---Appellant was appointed as a driver but his driving licence was found to be bogus, thus he was terminated from service---Single Judge of High Court dismissed the constitutional petition---Validity---Competent authority in exercise of Cl. 9 of the offer of appointment letter had terminated the services of the appellant---Termination letter did not suffer from any infirmity---Appellant being contractual employee could not file writ petition to seek redress in respect of grievance relating to terms and conditions of his services---Appointment of appellant as driver was contractual in nature and there was no statutory obligation as between him and the respondents---Intra-Court Appeal was dismissed, in circumstances. (b) Constitution of Pakistan--- ----Art.199---Constitutional petition---Contractual employment---Maintainability---Scope---Contractual employee cannot file writ petition to seek redressal in respect of grievance relating to terms and conditions of his service---Constitutional petition may be granted in a case where there is statutory duty imposed upon the officer concerned and there is failure on the part of that officer to discharge that statutory obligation---Principal function of the Constitutional petition is to compel performance of public duty prescribed by the statute and to keep the subordinate officer exercising public function within the limits of his jurisdiction. (c) Constitution of Pakistan--- ----Art.199---Constitutional petition---Maintainability---Contractual obligation---Scope---Any duty or obligation falling upon a public servant out of a contract entered into by him as such public servant, cannot be enforced by the machinery Art. 199 of the Constitution. Abid Iqbal Hafiz and others v. Secretary, Public Prosecution Department, Government of the Punjab, Lahore and others PLD 2010 SC 841; Pakistan Telecommunication Co. Ltd. through Chairman v. Iqbal Nasir and others 2011 PLC (C.S) 623 and Muzaffar Khan and others v. Government of Pakistan and others 2013 SCMR 304 ref. ORDER: The appellant, namely, Muhammad Mumtaz Khan was appointed as Driver in…

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