Law:

Section:

(a) Constitution of Pakistan (1973)--- --- Arts. 48 & 99-Official acts---All official acts and orders, held, must be in writing for purpose of not only reference arid record but also responsibility and accountability-Relevant file, however, showing order in question having been passed with approval of President and such order also passed in accordance with Rules of Business-Order of termination of service, held, validly passed in circumstances. (b) Civil Servants Act (VIII of 1973)--- --- Ss. 11(3) & 14(1) read with general Clauses Act (X of 1897), S. 16-Temporary service-Termination-Petitioner re-employed just before retirement and employment taking effect immediately after retirement-No contract made and no terms and conditions laid down and agreed -upon between employer and employee-Notification of petitioner's employment specifically stating employment being temporary---Services of temporary civil servants being liable to termination on 14 days' notice or pay in lieu thereof, petitioner, held, employed on temporary and not contract basis-Petitioner even if supposed to have been employed on contract basis High Court, held further, would not enforce contractual obligations in writ: jurisdiction and petitioner could only seek his remedy by way of damages in civil Court. Col. K. M. Sana v. Government of West Pakistan P L D 1962 Lah. 509 distinguished. Ghulam Sarwar v. Pakistan P L D 1962 S C 142 ; Aziz K. M. Khan v. A. B. A. Haleem P L D 1957 Kar. 496 ; Ghularn Mohi-ud-Din v. Chief Settlement Commissioner P L D 1964 S C 819 and Chanda Begum v. Settlement Commissioner P L D 1977 S C 503 ref. (c) Civil Servants Act (VIII of 1973)--- --- S. 14-Contract service-Provision for extension of service after age of superannuation having been expressly made in S. 14, Civil Servants Act, 1973, rule laid down in P L D 1959 Kar. 105 holding extension of service after age of superannuation to be a contract, held, no longer tenable--[Khondkar Ali Af'zal v. Pakistan P L D 1959 Kar. 105 held not applicable]. Khondkar Ali Afzal v. Pakistan P L D 1959 Kar. 105 held not applicable. (d) Civil Servants Act (VIII of 1973)--- ---S. 14---Rights, enforcement of-Contention that…

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