Law: Government of India Act, 1935

Section: S. 240

  Government of India Act, 1935------   -------- S. 240-Constitution of Pakistan (1956), Art. 181-Termination of appointment in terms of contract, and re-appointment to inferior post-No `reduction in rank.   Where the appointment of a person working as Executive Engineer was terminated, in accordance with the terms of contract, by the appointing authority and he was re-appointed a s an Assistant Engineer which re-appointment was accepted by the appointee it was held that the re-appointment to the inferior post did not amount to `reduction in rank' and the provisions of section 240 of the Government of India Act, 1935, as adapted in Pakistan and those of Article 181 of the Constitution of Pakistan, 1956 were, therefore, not applicable to the case. JUDGMENT   MURSHED, J.-This appeal is directed against the judgment and decree passed by Mr. A. A. L. Kabir, Subordinate Judge, 3rd Court, Dacca, dated the 20th of February 1957, in Title Suit No. 13 of .1956, in, favour of the plaintiff respondent who instituted the said suit for a declaration that an order made by the Engineer-in-Chief, G. H. Q., Pakistan, Rawalpindi, relegat ing him to the rank of an Assistant Engineer from the rank of an Executive Engineer was void, inoperative, and also for a declaration that he still held the post of Executive Engineer in the M. E. S.   2. Plaintiff's case may be briefly stated as follows : Plaintiff holds a degree of B. Se , Engineering with distinction in Civil Engineering from the University of Edinburgh. He had worked as District Engineer for over four years uptil the 23rd of October 1948, when he was appointed as Executive Engineer in the Military Engineering Services under the Engineer-in-Chief, G. H. Q., Pakistan, Rawalpindi, on the monthly salary of Rs. 520 in the scaly of Rs. 480-40-1,000. The selection, was made through the Federal Public Service Commission. On his appointment, he had to enter into a contract with the Govern ment relating to the terms of his service. Under the terms of his appointment he was required to be on probation for a period of one year from the date of his appointment. Within the said period of probation he was…