Law:

Section:

West Pakistan Water and Power Development Authority Act (XXXI of 1958) and Constitution of 'Pakistan (1962), Art. 177­Employee of WAPDA-Not entitled to protection of Art 177, Constitution of Pakistan (1962). Syed Munir Hussain Shah, Advocate Supreme Court instructed by Chaudhri Mohammad Sardar Khan,. Attorney for Petitioner. Nemo for Respondents. Date of hearing : 10th October 1967. ORDER MUHAMMAD YAQUB ALI J.-The petitioner was originally employed by the 'Central Government in Dams Project as a temporary Diamond Driller. Later on his services were transferred to the WAPDA in connection with the Mangla Dam Project where he served up to 1962 and thereafter went on deputation to Saudi Arabia. ' On 4-2-1965 the petitioner finished his assignment on deputation and returned to Pakistan and sent an arrival report to the Central Government who in turn forwarded it; to the WAPDA. On 20-1-1966-the Chairman, WAPDA, sent an intimation to the petitioner that his services were no longer required and that the authority had decided to terminate his services by paying to him his one month's salary in lieu of notice. Aggrieved by the order of the Chairman WAPDA, the petitioner moved the High Court in writ jurisdiction on the grounds that under Article 177 of the Constitution he was entitled to a show­ cause notice and that being an employee of the Central 'Govern­ment his services could not have been terminated by the Chairman of the WAPDA. The High Court found that when the services of the petitioner were transferred to the WAPDA he being a temporary employee ceased to be a servant of the Central Government and further that as an employee of the WAPDA he was not entitled to the pro­tection of Article 177 of the Constitution. The writ petition was accordingly dismissed from which the petitioner seeks leave to appeal. We have examined the record and find that the assertion by the petitioner that he was an employee under the Central Govern­ment at the relevant…

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