Law: Constitution of Pakistan, 1962

Section: 98, 178, 234, 225

Punjab Government Service (War) Amendment Rules, 1943 read with Constitution of Pakistan (1962), Arts. 98, 178, 234 & 225 Refusal on part of Government to apply Rules of 1943 to person appointed against war reserved vacancy-Held, would have adverse effect on his remuneration pension and age and tantamounts to violation of Arts. 178, 234 & 225 of Constitution (1962) Writ petition, held, maintainable, in circumstance of case. The Punjab and N. W. F. P. Joint Public Service Commis sion through an advertisement invited applications for filling 10 posts of Forest Rangers in the Punjab and 3 of the posts were :reserved for war service candidates. The petitioner applied for one of the war service posts and was consequently selected after an interview. According to the normal procedure, he was to undergo two years training at Pakistan Forest College Upper Topa (Murree Hills) during the Course known as "1950-52 Course". It is again a common ground that as the things could not be finalized in time by the Government, therefore he was given training in the next Course i.e., "1951-1953 Course." After completion of &is Course, he was on 27-3-1953, appointed as a Forest Ranger and assumed charge of his post on 14-5-1953. For war service employees there exist rules which are known as Punjab Govern ment Service (War) Amendment Rules, 1943 framed under clause (b) of subsection (1) and clause (b) of subsection (2) of section 241 of the Government of India Act, 1935. According to these Rules, certain benefits are available to persons recruited against war reserved vacancies which the petitioner had been claiming in this case. The case of the petitioner was that if he had been given benefits of war service, then he would have become senior to many of his contemporaries and would not have been reverted even from his temporary promotion which he was holding in the service hereinbefore mentioned. In the order, directing reversion from the temporary promotion to the original' rank of the petitioner, there is no mention of any such ground which is being advanced, but the case of the petitioner is that since the reversions were made keeping the…