| Citation(s) |
|---|
| 1998 SLG 1454 1998 SLD 1454 1998 PLC 768 |
Peshawar High Court
Writ Petition No. 1182 of 1997, decision dated: 26-11-1997.
JAWAID NAWAZ KHAN GANDAPUR AND NASIR-UL-MULK, JJ
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Writ Petition No. 1182 of 1997, decision dated: 26-11-1997.
JAWAID NAWAZ KHAN GANDAPUR AND NASIR-UL-MULK, JJ
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MUHAMMAD SADIQ SHAH
VS
GOVERNMENT OF N.W.F.P. and others
Law:
Section:
Constitution of Pakistan (1973)------Art. 199---Constitutional petition---Civil service --- Termination of service---Civil servant who was appointed as an untrained Field Assistant on purely temporary basis against existing vacancy, his services were terminated---Civil servant had challenged validity of order of termination through Constitutional petition before High Court---Appointment of civil servant was purely temporary which could be terminated at 14 days' notice without any reasons being assigned at any time irrespective of fact that civil servant was holding a post other than the one on which he was originally recruited---Civil servant, in circumstances, could not challenge order of his termination by invoking Constitutional jurisdiction of High Court, order passed by Authority being in accordance with terms of agreement/appointment letter which was duly accepted and acted upon by civil servant. Ijaz Anwar for Petitioner. Date of hearing: 26th November, 1997. JUDGMENT JAWAID NAWAZ KHAN GANDAPUR, J.---Vide Office Order No. 12505-7/DGA, dated 8-10-1987 the petitioner was appointed as an untrained Field Assistant in the Agriculture Research Institute, Tarnab, Peshawar on temporary basis. Later, on 20-1-1997, his services were terminated by the Director-General (respondent No.3) vide his Order No.500-11/Estt: DGA, dated 20-1-1997. with effect from 31-1-1997. 2. Aggrieved by the said order of respondent No. 3, the petitioner has approached this Court by filing this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for the redress of his grievance because according to him, the impugned order dated 20-1-1997 is without jurisdiction/illegal and therefore, liable to be set aside. 3. Mr. Ijaz Anwar, Advocate, learned counsel for the petitioner present and heard. Record of the case perused carefully. 4. It may be stated at the very outset that this writ petition is not maintainable and, thus, liable to be dismissed. The order dated 8-10-1987 vide which the petitioner was appointed reads:- OFFICE ORDER dated Tarnab, the ____/1987. Mr. Muhammad Saddiq Shah son of Mian Ashrafullah, is hereby appointed as untrained…
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