Law:

Section:

Specific Relief Act (I of 1877)-----Ss. 21(b) 6 42--Constitution of Pakistan (1973), Art. 185(3)-­Baluchistan Education Code, S.89 and R.5, Appendix XXIV, Art. 51(iv)--Dismissal of petitioner, an employee of Islamia High School run by Anjuman-e-Islamia-- Suit for declaration that order of dismissal from service was unlawful and for relief of reinstatement in service decreed by Trial Court and Appellate Court--High Court, in revision while setting aside decree and dismissing suit of petitioner, holding that a contract of service was incapable of being specifically enforced and consequently a servant could not force himself upon his master by instituting such a suit--Contention of petitioner's counsel that Code of Education made applicable to petitioner's case had, the effect of statutory rules, and, therefore, the suit challenging wrongful dismissal was competent before Civil Court found to be without force as no authority of law was pointed out under which said Code had been formulated to have statutory effect to govern service of employees of private schools--Mere fact that the Educational Institution was receiving grant in aid from Government could not convert such institution into a public institution or attract statutory rules applicable to civil servants--Concession made by petitioner's counsel before High Court that even if said Code was attracted in the case of petitioner, according to R.5, Appendix XXIV under Art.51(iv), service of an employee in recognized school under private management might be terminated by either party on giving three months notice or paying three months' salary in lieu thereof, held, was sufficient for the finding that the suit for declaration and consequential relief was not maintainable--Petition for leave to appeal dismissed. ORDER ZAFFAR HUSSAIN MIRZA, J.--The petitioner was admittedly serving as an employee of the Islamia High School, Quetta, which is being run by a private Institution known as Anjuman-e-Islamia registered under the Societies Act. The petitioner was dismissed from service on 12th November, 1979. He challenged the order of his dismissal from service by filing a suit for declaration to the effect that the order…

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