Law: Constitution of Pakistan, 1962

Section: 177,178,179(2)

  Constitution of Pakistan (1962)-----   -----Arts. 177, 178 & 179 (2) Person employed on purely temporary basis-Not entitled to protection contained in Arts. 177 & 178 - Article 179 special and specific, overriding any provision that may be inconsistent with it-Article 179(2) not subject to any limitations in its operative effect-Applicable in case of employees appointed on temporary basis even before promulgation of Constitution-- Railway Servants (Efficiency and Discipline) Rules, 1961, r. 4 (4), note (1).   Date of hearing: 28th February 1966.    JUDGMENT   SAJJAD AHMAD, J.-Talib Ali has brought this writ petition, challenging the order of the termination of his temporary services as a Ticket Collector, Grade I, in which capacity he had worked for five and a half years in 'the Pakistan Western Railway, on the main ground that the order amounts to his removal from service without affording an opportunity to him to show cause against his removal.   2. The facts are that the petitioner was recruited for appointment as a Ticket Collector in January 1958 but was kept on the waiting list, as all the seventeen candidates who had been duly selected in that year joined the training course and no vacancy occurred for the petitioner's absorption. Subsequently, on the 17th of March 1958, he applied for a temporary local appointment vide copy of his application (Annexure R/1) and on the 18th of December 1958, he was offered a temporary appointment on the specific conditions-   that his appointment was of a purely temporary nature pending regular selection likely to be held next; and   that his continued appointment in any other subsequent vacancy would not confer on him a right to claim retention in service on the score of continued temporary service.   The petitioner's local appointment was thus subject to termination on the selected and trained candidates becoming available to fill the vacancies.   The next recruitment for Ticket Collectors, Grade I,was advertised in the year 1961. The petitioner represented that since he was on the waiting list for appointment and had put in two and half years…