MUHAMMAD SAJJAD vs FEDERATION OF PAKISTAN, through Secretary, Aviation Division Suit for declaration by servan

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MUHAMMAD SAJJAD VS FEDERATION OF PAKISTAN, through Secretary, Aviation Division Suit for declaration by servant---Rejection of plaint---Scope---Contract appointment---Contract between master and servant---Extension---Scope---Civil suit---Maintainability---Plaintiff, having served for about five years, filed suit seeking declaration that failure of the Master (CAA) in giving him extension till the completion of project was against the law---Master (CAA) contended that the suit of the plaintiff (Servant) was not maintainable, not having a cause of action, as the applicable relationship between the parties was that of master and servant---Validity---Admittedly, plaintiff was initially appointed on contract basis for a period of one year (extendable) subject to a clause of the letter of appointment---Said letter of appointment provided that the appointment during the period of contract would be liable to termination on thirty day's notice on either side or immediate termination on payment of basic pay in lieu thereof, without assigning any reason whatsoever---Another term of said letter of appointment was that if the terms and conditions of the appointment were acceptable to plaintiff, he should send written confirmation by registered post to the Master, whereafter the plaintiff submitted his letter of acceptance of appointment by confirming the acceptance of offer of appointment; hence, it was an admitted position that the appointment of the plaintiff was on contract basis, the terms whereof were acknowledged and accepted by him---Appointment in question was for a period of one year or for extended period on the option of the appointing authority and the same did not contain any provision for continuation/extension of the plaintiff' appointment till the completion of the project for which he was appointed---Terms and conditions enunciated in the appointment letter, showed that the appointment/contract was revocable---Master was within its right to dispense with the service of the servant after the expiry of his contract or during the period of contract on thirty days' notice or immediate termination on payment of basic pay in lieu thereof, without assigning any reason whatsoever---After accepting the terms and conditions of his appointment, the servant was precluded under the law to claim extension of his contractual service till the completion of project and the law did not recognize any such right of plaintiff (contract employee)---Declaration sought by the servant for extension of service could not be granted as the suit was barred under S.42 of Specific Relief Act, 1877---Plaint was rejected under O.VII, R.11(d), C.P.C. and suit was dismissed, in circumstances.

MUHAMMAD SAJJAD vs FEDERATION OF PAKISTAN, through Secretary, Aviation Division Suit for declaration by servant — 2022 PLC(CS) 469 KARACHI-HIGH-COURT-SINDH

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