Law: Constitution of Pakistan, 1973

Section: 4,2A,199

Law: General Clauses Act, 1897

Section: 24-A

(a) Constitution of Pakistan (1973)---   ----Arts.4, 2A 199---General Clauses Act (X of 1897), S.24-A---Constitutional petition---Temporary employees (BS-1) of University terminable under service contract on one months notice or salary in lieu thereof---Termination of service of petitioner without notice on account of unsatisfactory work---Validity---University, if desired to terminate petitioners service, was obliged to issue him notice or pay him one months salary under service contract---Failure to issue notice as envisaged under service contract being violative of provisions of S.24 of General Clauses Act, 1897 and Art.4 of the Constitution---Element of fairness must exist in all government actions, which were missing in the present case---Requirement of notice backed by Art.4 of the Constitution would apply to all employees either contractual or governed by non-statutory rules, and in either case termination could not be ordered without due process of law---Petitioner belonged to a less privileged segment of society with limited social and economic choices in life---Petitioner had an unequal bargaining position compared to University---Denial of right of hearing to petitioner had offended concept of social justice provided in Objectives Resolution (Art.2A of the Constitution) being a substantive part of the Constitution---University had violated terms and conditions settled by themselves while offering appointment to petitioner---Term of petitioner had already expired, thus, he could not be allowed to resume service---High Court set aside impugned order and directed University to pay immediately one months salary in lieu of notice to petitioner.    Muhammad Asim and others v. Telecommunication and others 1997 PLC (C.S.) 1131; Ikram Bari and 524 others v. National Bank of Pakistan through President and another 2005 SCMR 100; Ijaz Hussain Suleri v. The Registrar and another 1999 SCMR 2381; University of the Punjab, Lahore and 2 others v. Ch. Sardar Ali 1992 SCMR 1093; Amjad Ali and others v. Board of Intermediate and Secondary Education and others 2001 SCMR 125; Capt. Retd. Dr. Muhammad Iqbal v. Defence Housing Authority, Lahore 2004 PLC…

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