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Petitioner: ALLAH YAR KHAN VS Respondent: GOVERNMENT OF PAKISTAN THROUGH JOINT
Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: ALLAH YAR KHAN vs GOVERNMENT OF PAKISTAN THROUGH JOINT Case No.:Civil Petition for Special Leave to Appeal No: 265 of 1967 Writ Petition No.
JUDGMENT
Reported As: 1970 SCMR 64 Result: Leave refused Judgment JUDGMENT S. - A. RAHMAN, J.-Allah Yar Khan, the petitioner, was employed as a Civil Supplies Inspector, and posted in Mirpur District, by the Government of Pakistan. His services were terminated in 1958 by an order of Government, by which he was given 15 days' notice to quit. He challenged this order as un- Constitutional before the High Court, but failed. He now seeks Special Leave to Appeal. We have heard Mr. Muhammad Anwar Raja in support of the petition. The High Court has found that the petitioner occupied a temporary post in so far as the whole department in which he served, was a temporary one, and that he had given an undertaking to the Department to the effect that the service could be terminated by either side, on giving 15 days notice. Mr. Muhammad Anwar contends that no such undertaking had been given by the petitioner. This contention cannot be acceded to. The learned Judges .Have observed in the course of their order that the Government had produced before them a copy of the undertaking given by the petitioner in the sense mentioned above. Mr. Muhammad Anwar then adopted the alternative petition, that this undertaking was given long after the service utile petitioner started, and could not have been of any effect on his rights. It seems to us that though given sometime after he had been appointed, it constituted a term of the appointment itself. As the context of the undertaking itself shows, the termination of the petitioner's service did not attract the protective provisions of the Constitution, and to ground appears for Special Leave to Appeal. The petition is dismissed.