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Keywords: Penalty, Imposition, Possession, Constitution, Fine, Period, Injunction, Conditions Of Service, Rent, Violation, Natural Justice, Government, Provisions, Lawful Possession, Contravention, Suit For Declaration, Payment, Government Servant, Chairman, Repugnant, Emoluments, Recovery, Payment Of Wages, Deductions, Without Jurisdiction, Grounds, Costs, Terms And Conditions, Notice, Constitution Of Pakistan, Premises, Show-Cause Notice, Interpretation, Terms And Conditions Of Service, Order, Establishment, Conditions, Remuneration, Subordinate Courts, Interpretation Of Statutes, Procedure, Liability, Ultra Vires, Interference, Jurisdiction, Illegal Result: Civil Appeals Nos. K-33 to K-35 of 1970 JUDGMENT This second appeal is directed against the judgment of the Additional District Judge, Karachi, whereby he affirmed the decision of Civil Judge lst Class, Karachi, decreeing the suit of the plaintiff/respondent for declaration and injunction against the appellants, Pakistan Western Railway Authorities. 1. The plaintiff-respondent at the time of filing the suit was Relieving Station Master, drawing a salary of Rs. 290 per month. He was in lawful possession of Quarter No. 74-1, R-6, Keamari since the year 1958 at monthly rent of Rs. 2.30. In the year 1963 the respondent quarters were transferred and fixed at Hyderabad and he was given a notice to vacate the quarter at Keamari, Karachi. The respondent made a representation against the vacation of the quarter but no reply was sent to him. In December, 1965 the respondent was declared to be in an unauthorised occupation of the said quarter and under the rules framed by the Railway Authorities under para. 157 of the Pakistan Railway Establishment Code, half the salary of the respondent amounting to Rs. 145 per month was deducted by way of penalty for remaining in occupation of the said quarter from December, 1963. The respondent accordingly filed the suit for declaration and injunction that the deduction of his salary by way of penalty was illegal and without jurisdiction. The learned Civil Judge lst Class, Karachi decreed the suit of the plaintiff/ respondent and held that the deduction of the total emoluments of…

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