Law:

Section:

(a) Civil Procedure Code (V of 1908)-0. VI, rr. 2 & 4 and Constitution of Pakistan (1962), Art. 179­ Government servant-Constitutional protection-Pleadings-Plea of fact not pleaded-No case can be founded on such plea-Plea that respondent was being paid front contingency and as such covered by . Art. 179, hence not entitled to constitutional protection, raised for first time in first appeal before District Judge -Held, to be ignored­ Matter established on record that respondent's tenure was tempo­rary-Appellant failing to establish nature of terms and conditions of respondent's service, respondent, taking regard as period of service put in before removal, held, though temporary yet for an indefinite period.-[Pleadings-Civil service]. (b) Government of India Act, 1935- Art. 240(3)-Constitution of Pakistan (1956), Art. 182, Laws (Con­tinuance in Force) Order, 1958, Art. 6-Constitution of Pakistan (1962), Arts. 177, 179 & 234(t)-Government servant-Terms and conditions of service-Constitutional guarantee-Rights enjoyed by civil employees under Government of India Act, 1935-Employee continued to enjoy under subsequent constitutional enactments ­Article 234(1) guaranteed continuance of terms and conditions under which employees previously served-Article 177 not drawing distinc­tion between temporary and permanent employment and its langu­age being identical with corresponding provisions of earlier constitu­tional guarantee of Art. 177, held, attracted irrespective of tenure of office of person removed or dismissed from service.-[Civil service]. Such rights as the employee enjoyed under the Government of India Act, 1935, he continued to enjoy under the 1956 Constitution which on the: promulgation of Martial Law, itself derived its efficacy from the Laws (Conti­nuance in Force) Order, 1958 and on the promulgation of the 1962 Constitution his terms and conditions remained the same by virtue of Article 234(1) of the Constitution of 1962. Neither in the Government of India Act,. 1935 nor in the Constitution of 1956, there was any definite reference to the terms and conditions of temporary employment. Subsection (2) of section 241, however, provided that conditions…

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