Case Details

Citation(s)
2011 SLG 1883 2011 SLD 1883 2011 PLC 1613
Sindh High Court
Constitutional Petition No.D-542 of 2009 and C.M.A. No.670 of 2010, decision dated: 29-11-2010.
MUHAMMAD ATHAR SAEED AND MUNIB AKHTAR, JJ

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201 P L C (C.S.) 1613 SHAFQAT ALI

VS

GOVERNMENT OF SINDH through Chief Secretary Sindh and 3 others SHAFQAT ALI vs GOVERNMENT OF SINDH through Chief Secretary Sindh and 3 others

Law:

Section:

Civil Procedure Code (V of 1908)------S. 114 & O.XLVII, R.1---Application had been filed by the Provincial Government for review of the order of High Court, whereby it had allowed the constitutional petition and cancelled the order and summary passed by the Chief Minister and directed the Authorities to appoint the petitioner as JST, if he possessed basic qualification necessary for such appointment---Said order was passed by the High Court on the basis of notification whereby certain benefits of appointment were given to the children of deceased personnel of the department, if they met the basic qualification---Petitioner's father had died somewhere in 1986---Said notification was not only applied to the children of those government personnel who died after coming in to force of said notification, but also to children of all the government servants who died even before coming in to force of the notification---High Court had declared the notification to have retrospective operation, after carefully considering its implication---Notification had retrospective effect, and if the law had not been properly applied by the High Court, only remedy available to the Authority was to file a civil petition for leave to appeal before the Supreme Court and review application was misconceived. Petitioner in person. Saifullah, Asstt. A.-G. Sindh for Respondents. x Civil Procedure Code (V of 1908)------S. 114 & O.XLVII, R.1---Application had been filed by the Provincial Government for review of the order of High Court, whereby it had allowed the constitutional petition and cancelled the order and summary passed by the Chief Minister and directed the Authorities to appoint the petitioner as JST, if he possessed basic qualification necessary for such appointment---Said order was passed by the High Court on the basis of notification whereby certain benefits of appointment were given to the children of deceased personnel of the department, if they met the basic qualification---Petitioner's father had died somewhere in 1986---Said notification was not only applied to the children of those government personnel who died after coming in to force of said notification, but also…
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