WAQAR AHMAD SETH, J:- Petitioner Muhammad Naseer Khan, through this writ petition has called in question order, dated 26-9-2011, whereby his representation for refund of deducted amount of Rs.213696 from monthly salary from October, 2010 to March, '2011, has been turned down by the competent authority and has asked for issuance of an appropriate writ directing the concerned authorities to reimburse the recovered amount and to restore the basic salary of Rs.18790, with effect from 12-11-2002.
2. Precise facts leading to the present writ petition are that petitioner is serving since 28-12-1994, in different capacities like Assistant Accountant, Supervisor, Audit and Accountant, in the Sui Northern Gas Pipe Lines Ltd. In the year, 2002 numerous incumbents, even junior to petitioner were promoted by ignoring the petitioner, therefore, petitioner approached Federal Service Tribunal, Islamabad and the learned Tribunal was pleased to accept his appeal, directing the respondents to promote him from the date when his junior were promoted to Grade-1 (Executive Cadre). Accordingly, petitioner was promoted to the Executive Cadre having basic salary of Rs.18790 with effect from 1- 9-2006 vide order dated 10-6-2006. As such petitioner filed a writ petition before this forum claiming the implementation of the judgment of the Federal Service Tribunal, to the extent of promotion w.e.f. 12-11-2002 and this Court was pleased to direct the department to promote petitioner from 12-11-2002 vide its judgment dated 24-2-2010. Upon the said decision, petitioner promotion was given retrospective effect i.e. from 12-11-2002 but without monetary benefit.
3. In the instant writ petition, petitioner has challenged that his monthly salary was stopped and deduction from his monthly salary from October, 2010 till March, 2011, an amount of Rs.213698 has been deducted against which he submitted representation for reimbursement of the recovered/deducted amount but the same has been rejected vide impugned order dated 26-9- 2011.
Arguments heard and record perused.
4. In view of the contention raised by the learned counsel for the petitioner, which pertains to terms and conditions of service of the petitioner, who is an employee of public limited company, the learned counsel for the petitioner was reminded that the respondents establishment is having a non-statutory Executive Service Rules and the same are contractual in nature, lacking statutory protection, hence writ cannot be issued. Learned counsel for the petitioner frankly admitted that no doubt there are no Statutory Service Rules/Rules and Regulations, in this regard, but is of the view that even then writ can be issued as petitioner has been discriminated because other promotees are getting the due basic salary.
5. As per law laid down by the Hon'ble Supreme Court of Pakistan regarding the non- maintainability and to enforce non-statutory rules through Extra-ordinary jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, it is held in reported judgment PLD 2006 Supreme Court 602 while upholding the judgment of Supreme Court reported in PLD 1999 SC 1106, in which it is held that:--- "Employee of corporation.--- In the absence of any statutory Rules, relationship between the employer and an employee of a corporation, where protection cannot be sought under the labour laws or any statutory instrument, is that of master and servant".
The honourable Supreme Court in PLD 2006 SC 602 approved the dictum in the above judgment of Supreme Court at page 684 as under:-- "The merely by the fact that the Government owns 60% share capital or A-class ordinary shares representing the Government of Pakistan, can appoint directors including the Chairman, Managing Director and the Finance Director, would not establish that the affairs of the Corporation are controlled by the Government."
The learned Bench of the Peshawar High Court in the respondent's (SNGPL) case, titled Ali Gohar v.
M.D. SNGPL and others Writ Petition No.330 of 1997 reported in 1998 PLC (C.S.) 828, vide order dated 19-6-1997 was pleased to hold that writ cannot be issued against SNGPL.
The relevant para is reproduced hereunder:--- "Firstly, that the employment of the petitioner was contractual and secondly, that the relationship of master and servant existed between the employer and the employee. In the aforesaid circumstances, we are constrained observe that no indulgence should be shown by the learned court under Article 199 of the Constitution."
In the recent Division Bench judgment dated 10-4-2007 of the honourable Peshawar High Court, in SNGPL's case titled Mian Abdul Wahid v. MD SNGPL, in Writ Petition No.1499 of 2006, the learned Bench in para-4 of the judgment held as under:-- "We tend to agree with the arguments of the learned counsel for the respondent that under Article 199, the Extraordinary Powers of the court can be invoked only with regard to the wrong exercise of jurisdiction by public functionaries and the respondent, being the Managing Director of a non- statutory body, cannot be deemed to be a functionary of the State or of the Local Body. Hence the writ is not technically maintainable."
In view of the above, this writ petition is not held maintainable, the same is dismissed in limine.