S. 8 (2)(d)–Termination and retirement from service–Writ against–Petitioner was appointed by chairman Board of Governors and his services are to be of governed by E & D Rules, Govt. of Balochistan–Petitioner was at first instance relived from services and subsequently he was retired–Appeal/Representations made by him are pending without decision–Whether prescribed procedure was followed or not is yet to be answered–Discretion vested in any functionary is to be exercised judiciously and not in an arbitrary manner–Principal is only competent to issue show cause notice and make recommendation for termination–It is for Board of Governors to listen case of staff and decide in accordance with Rules and Regulations–Prime function of Board is to listen the employee whose termination has been recommended–No such opportunity was given to petitioner and all representations made by him are awaiting decision which were treated as -pending and direction was made to be disposed of by competent forum–Orders accordingly. PLJ 1999 Quetta 107

S. 2–Constitution of Pakistan (1973), Arts. 212 & 199–Employee of Model Residential Public School–Constitutional petition for redressal of grievance–Competency–Perusal of appointment letter of petitioner indicated that his appointment was not made by Government of Balochistan or by a person authorised by it in that behalf, and petitioner was not supposed to hold office during the pleasure of the Government–Employee’s terms and conditions of service were, thus, not the same as were available to civil servants–Employee was, therefore, not civil servant and for violation of any statutory regulation governing his service, he could maintain constitutional petition–Constitutional petition was thus, competent by employee (petitioner) in circumstances. PLJ 1999 Quetta 254 PLD 1984 SC 170; 1986 SCMR 1063 ref.

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