Law: Constitution of Pakistan, 1973

Section: 199

(a) National Bank of Pakistan (Staff Service) Rules, 1980--- ----National Bank of Pakistan (Staff Service) Rules, 1973---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Part-tune Medical Officer---Separation of petitioner from Bank service at age of 60 years without notice and payment of pension/gratuity---Petitioner seeking extension in service on the ground that he was discriminated as his predecessor-in-office had been allowed to serve upto age of 86 years; and Bank had allowed extension in service to their employees beyond 60 years ---Validity---Petitioner had joined Bank on monthly consolidated retainership fee without payment of any allowances, fringe benefits, facilities etc.---Appointment letter of petitioner stipulated that his appointment would be of purely temporary nature and Bank would have right to cancel his appointment at any time without assigning any reason and without any notice---Petitioner had joined service after accepting such letter---Petitioner had been separated from service on basis of decision of Operations Committee of Bank after giving him separation package as allowed by Bank to its Senior Vice President on retirement on superannuation---Nothing on record was available to show confirmation of his employment by Bank---Status of petitioner as part-time Medical Officer continued till his separation, though with passage of time his retainer-ship fee was increased and he was given status of Senior Vice President---Granting extension in service was within domain and discretion of management of Bank, which domain/discretion could not be questioned, more so where case being of a temporary/contractual employee---Merely allowing his predecessor-in-office to serve up to age of 86 years would not furnish ground to petitioner either of claiming discrimination or for extension in service as his employment being of purely temporary/contractual nature would not confer upon him any right of being provided extension in service---Petitioner did not cite any rule to have violated by Bank while passing the impugned order---National Bunk of Pakistan (Staff Service) Rules, 1980 were not statutory, whereas rules applicable to…

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