Prof. Dr. QAZI TAHIR UDDIN vs The SECRETARY, PAKISTAN MEDICAL COMMISSION, ISLAMABAD art — 2022 PLC(CS) 805 ISLAMABAD

Case information

Citation: 2022 PLC(CS) 805 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLC
Parties: Prof. Dr. QAZI TAHIR UDDIN vs The SECRETARY, PAKISTAN MEDICAL COMMISSION, ISLAMABAD art
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Prof. Dr. QAZI TAHIR UDDIN VS The SECRETARY, PAKISTAN MEDICAL COMMISSION, ISLAMABAD art.199---Constitutional petition---Contractual appointments---Principles---Statutory post fixed by tenure---Effect---Such is master's prerogative to terminate servant's contractual appointment if the former does not find the latter's performance to be satisfactory---Such termination can take place in accordance with terms and conditions of employment contract---Contractual employee cannot insist for a regular inquiry to be held regarding employer's satisfaction with employee's performance---Contractual nature of person's employment makes his relationship with his employer that of master and servant---High Court in exercise of jurisdiction under art.199 of the Constitution, can neither declare termination of an employee's contractual employment to be unlawful nor can hold that employment contract continues to subsist--- Such principles do not apply where a statute, in explicit terms, requires an appointment to be made for a fixed tenure and also prescribes ground for removal of the appointee--- appointment by contract containing termination clause which enables employer to terminate employment without assigning any reason and on payment of salary in lieu of notice amounts to circumventing statutory mandate of appointment being made for a fixed tenure.

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