GHULAM RASOOL Versus ADMINISTRATOR AUQAF, SIND

1. MUHAMMAD GUL, J.‑‑ The petitioner was employed a Kharib and Posh imam, as from 1952 by a religious society registered under the Registration of Societies Act 1860, for Masjid Lobar in Larkana. The Masjid. It appeals, was taken over by Auqaf Department and the Adminis trator issued to the petitioner a fresh letter of appointment on 18‑11‑1969 informing him that his future service will be "purely temporary and his services may be terminated on one month's notice or in lieu thereof one month's pay shall be paid." It appears that the petitioner accepted this condition.

2. Later the Administrator by a letter issued to him terminated petitioner's appointment with effect from 1‑7‑1974 and informed him that in lieu of one month's notice he shall be paid salary for a month.

3. Aggrieved by the above order the petitioner filed Writ Petition No. 294 of 1975 in the High Court at Karachi to case. In question the legality of the order. He also complained that he has of so far been paid one month's salary in lieu of the notice. The High Court, however, dismissed his writ petition in limine on the short ground that under the terms of his employment with the Auqaf Department, his service wag purely temporary terminable on one month's notice.

4. The petitioner who appeared in person, however, submitted that he had been Kharib and Pesh Imam of the mosque continuously from 1952 and, therefore, had acquired the status of permanency. This is plainly misconceived. As rightly pointed out by the High Court, the petitioner's service with the Auqaf Department was new engagement which was on purely temporary basis. Moreover, there is nothing whatever to show that the petitioner' previous employment with Society was on permanent basis.

5. The petition is accordingly dismissed.

6. Petition dismissed.