Law:

Section:

Pakistan Engineering Council Act (V of 1975)------S. 25---Constitution of Pakistan (1973), Art. 199---Constitutional petition--- Retirement of petitioner (re-employed on contract after retirement) by Competent Authority---Validity---Competent Authority had ordered retirement of petitioner which was accepted by petitioner who had appended note on statement regarding final settlement of accounts that such being his personal case, same should be routed to Chairman, Pakistan Engineering Council for approval---Such conduct estopped petitioner to claim his continuation in service particularly when he had received not only due payment as retirement benefit but allegedly received over payment which he was called upon to refund leading to present litigation---Petitioner's retirement after he had attained age of superannuation and had been employed on contract basis could not be considered to enjoy statutory protection in respect of his re-employment---Services of such employee would be governed by the terms and conditions of Master and Servant---Any infringement of condition of re-employment would, therefore, be nothing more than breach of contract and as such enforceable under the ordinary law of the land---Constitutional jurisdiction, thus, was not competent in circumstances. Hashmat Ali Habibi for Petitioner. Shamim Ullah Khan for Respondents Nos. 1 and 2. Zahid Hamid for Respondents Nos. 3 and 6. M. Bilal and Ch. Naseer Ahmad for the Remaining Respondent. Date of hearing: 12th November, 1997. JUDGMENT This judgment will also dispose of the connected Writ Petition No.319 of 1996 titled Mashhood A. Kureishy v. Pakistan Engineering Council etc. as a common question regarding interpretation of the service rules relating to the employees of the respondents who have passed superannuation age and have been re-employed is involved. 2. The petitioner namely Bashir Ahmad Sheikh was working as Registrar whereas Mashhood A. Kureishy, another petitioner was engaged as Deputy Registrar by the Pakistan Engineering Council (hereinafter to be called as Council) after they had retired from their regular service after attaining superannuation age of 60 years. 3. It is contended in…

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