2003 PLP (C (PLC(CS))

3. Learned counsel for the respondents opposed the appeal and stated that appellant was appointed on initial recruitment basis as Area Manager on contract vide Office Order No.237‑Estab/C‑3274 dated 26‑3‑1996. He further stated that his appointment was terminated strictly in accordance with the terms and conditions of his contractual appointment. He referred to the relevant clause of the terms and conditions of his appointment letter. He further stated that the appellant was also terminated earlier on 31‑3‑1998 but succeeded in getting the termination order withdrawn on political influence. He further contended that all the contractual appointees of USC were terminated due to administrative exigencies. He also denied the averments of the appellant that he worked meritoriously and stated that number of serious irregularities were detected of his tenure as incharge of USC Stores. He further denied that there was no response to the departmental appeal which after due consideration was rejected vide respondent's letter dated 2‑11‑1998. The respondents have also in their written parawise comments challenged the jurisdiction of the Tribunal to adjudicate his appeal. We have heard the arguments from both sides and perused the record.

5. Appellant in his Memo of Appeal and while making his submissions during course of hearing has stated that he was employed on permanent basis as Area Manager which fact is, however, not established by his appointment letter which reads as under:‑‑ "Sub: EMPLOYMENT OF CONTRACT After considering your application it has been decided to offer you employment on contract for a period of one year in the capacity of Area Manager in BPS‑16 (Rs.2535‑197‑5490) at the initial of the said scale of pay.

2. Other terms and conditions of service are enclosed. In case an appointment on the said terms and conditions is acceptable, you should report for duty to the Regional Manager Utility Stores Corporation, C‑32, SITE Survey Sheet, 35 Survey Sheet No.33‑1/13, Karachi, within 15 days of the date of this offer. In the event of your failure to report for duty within the said period, this offer shall stand cancelled automatically. No TA/DA will be paid to you for joining training duty and for your first posting.

3. Please sign the duplicate copy of this letter in acknowledgment and return it to the undersigned". It clearly indicates that the appellant's appointment was on contract for a period of one year and he was not a permanent Area Manager. Appellant's effort to misstate facts is contradictory to his affidavit where he has sworn that the contents of the appeal are true correct. The inaccurate statement is enough in itself for dismissal of the appeal. It would also be relevant here to refer to relevant clause of appellant's appointment letter which covers the termination. It reads as under: "r. Termination The appointment on contract shall be liable to termination on one month's notice or payment of one month's pay in lieu thereof on either side without assigning any reasons. However, in case no orders are received by him/her by the date on which contractual period is due to expire, the contract shall be deemed to have been extended until further orders, subject to termination with immediate effect in case the authority competent to make appointment to the post to which he/she was appointed does not approve extension. " In pursuance of this clause appellant's termination of the contract was ordered vide respondent's letter dated 26‑6‑1998 wherein it has been mentioned that his services have been terminated as no longer required. The fact that the appellant's termination letter clearly mentions the reasons of his termination that his services are no more required is sufficient enough to meet the requirements of rules. Appellant in his departmental appeal had stated that his earlier rumination which was withdrawn on 11‑4‑1998 makes his status as permanent and regular employee of the Corporation. This contention of the appellant is without any basis and is misconceived as the withdrawal of his termination did not ipso facto alter his status as a contractual appointee. Any change in the status of an appointee is always notified by the concerned Organization by due process of issuance of formal notification/office order. No such notification or office order was issued to change the status of the appellant from that of a contractual appointee to a permanent one.

6. In view of the above facts, Appellant's termination of his contractual appointment does not suffer from any infirmity as it was done strictly in accordance with the terms and conditions of his appointment letter. Even the Hon'ble Supreme Court has ruled in Dr. Anwer Ali Sahto's case, reported in 2002 PLC (CS) 526 wherein their Lordships ruled that " . Services of temporary employees/contract employees, could be dispensed with at any time in terms of their respective contract(s) of temporary assignment ...."

7. Appeal, thereof, being without merit is dismissed with no order as to costs.

8. Parties be informed accordingly. H.B.T./221/FST Appeal dismissed.