FAZAL-E-MIRAN CHAUHAN, J. Basharat Ali, the petitioner, was appointed as Laboratory Assistant (BS-1) on contract basis for three years at Government High School, Brola Chak No. 36/RB, District Nankana Sahib, vide order dated 16.08.2006. As per condition No. 6 of the Appointment Order, one notice or on payment of one month's pay in lieu thereof on either side without assuming any reason could be terminated.
2. It is argued that; respondent No. 2, Vide impugned order dated 16.12.2006, without assuming any reason, terminated/withdrew the appointment order. This act of respondent No. 2 is illegal and without lawful authority.
3. Heard Record perused.
4. At first place, it appears from the impugned order that the order of appointment on contract basis was issued, executed and signed by respondent No. 2 being without lawful authority, as the same was issued without- getting approval from the District Recruitment Committee, District Nankana Sahib. Secondly, if at all, it is presumed that the letter of appointment/contract dated 1.6.08.2006 was executed/issued correctly, then it is to be seen as to whether the writ petition is settled law that a contractual obligation cannot be enforced through the writ petitions. Reliance is placed on M. Enver Shaukat V. Federation of Pakistan and another ((1980 Law Notes (Lahore) 752) and Muhammad Ramzan Ansari V. Government of Pakistan and others (1983 PLC (CS) 52). Even otherwise, a contractual services could ' be terminated and the termination order cannot be - challenged by way of filing writ petitions. On termination of contractual service, remedy lies for damages and not a writ- petition, as the employee cannot be compelled to employ against his will. Reliance is placed on (1987 MLD 153) and Major (Retd) Khalilur Rehman V. Overseas Pakistanis Foundation and another (NLC 1984 Service 60).
5. So far as the maintainability of the writ petition is concerned, the jurisdiction of this Court is barred by Article 212 of the Constitution of Islamic Republic of Pakistan. Thus, on account of bar of Article 212, the constitutional petition is not maintainable, it was not necessary to examine the question regarding maintainability of the writ petition, in case of withdrawal of the appointment order/letter, said to have been issued without lawful authority, without prior approval of the District Recruitment Committee of the District. Reliance is placed on Muzaffar Hussain V. The Superintendent of Police, District Sialkot (2002 P.L.C. (CS) 442).
6. In this view of the matter, this writ petition is dismissed in limine, being not maintainable under the law.