| Citation(s) |
|---|
| 1976 SLG 165 1976 SLD 165 1976 PLD 483 |
Supreme Court of Pakistan
SALAHUDDIN AHMED. MUHAMMAD GUL, MUHAMMAD AFZAL CHEEMA AND MUHAMMAD HALEEM, JJ
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SALAHUDDIN AHMED. MUHAMMAD GUL, MUHAMMAD AFZAL CHEEMA AND MUHAMMAD HALEEM, JJ
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C. A. No. 175 of 1970 PROVINCE OF WEST PAKISTAN AND another
VS
MAHBOOB ALI AND another C. A. No. 176 of 1970 THE PROVINCE OF WEST PAKISTAN AND another vs M. S. FAROOKI, CHIEF OFFICER AND another AND C. A. No. 178 of 1970 THE PROVINCE OF WEST PA
Law:
Section:
(a) West Pakistan Local Councils and Municipal Committees Service Rules, 1963--- Rr. 2(h), 6 & 8, West Pakistan Government Memo. No. 228-S.O.(S)64 dated 1-4-1964, read with Basic Democracies Order (18 of 1959), Arts. 44 & 89 and Municipal Administration Ordinance (X of 1960), Ss. 29 & 121-Transfer of Class I municipal servants-Invocation of` powers for frame of Rules both under Order (18 of 1959) and Ordinance (X of 1960) and nomenclature of Rules of 1963-Underline creation of common cadre of service for purposes of Local Councils and Municipal Committees-Definition of Local Council in r. 2(h) of 1963 Rules-Extended to cover "for purposes of Rules" Municipal Committees as well-Object of order and Ordinance-To create a common cadre of officers to man" specified posts both in Local Councils and Municipal Committees-Officials other than Engineers and Health Officers appointed previous to coming into force of Order 18 of 1959 and Ordinance X of 1960-Deemed appointed to service in corresponding Class and Grade-Persons belonging to Senior Grade in Class I-Liable to transfer anywhere in Province Persons in junior scale of Class I-Liable to transfer within region alone.-[Civil service]. (b) Interpretation of statutes- Basic principles of-Not always inflexible-Statutes to be construed, liberally or strictly according to subject-matter, purpose intended to be achieved, or its repugnance to common law or inherent right Cassus omissus, application of rule of. The basic principles governing the interpretation or construction of statutes are well settled. But these have seldom been regarded as inflexible, except perhaps where a statute is plain, certain and free from any ambiguity so that a bare reading of it would suffice. In essence, in such case, interpretation is unnecessary. Barring such plain cases statutes would be construed liberally or strictly according to their subject-matter, the object or purpose intended to be achieved. or whether it is in any way in derogation of any common law or inherent right. For instance, it is well settled that penal or fiscal statutes or statutes impinging upon common law. rights, are to be strictly construed and any…
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