| Citation(s) |
|---|
| 1980 SLG 3048 = 1980 SLD 3048 = 1980 PLD 153 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal No. 49-R, K-76 and K-77 of 1979. decided an 9th April 1980. (On appeal from the judgment and order of the High Court of Sind dated 17-2-1979 in Constitutional Petitions Nos. D-953 of 1977, D 146 of 1978 and D-120 of 1979).
Presented By: Dorab Patel, Muhammad Haleem and Aslam Ride Hussain, JJ C. P. 49-R of 1979
Nasim Faruqi, Advocate and Ch. Akhtar All, AdvocateonRecord for Petitioners (in C. P. 49R/79). Fazle Ghani Khan, Senior Advocate and Shabbir Ghaury, AdvocateonRecord for Petitioners (in C. P. K76/79). Khurshid Anwar Sheikh, Advocate and Shabbir Ghaury, AdvocateonRecord for Petitioners (in C. P. K77/79). Imtiaz Muhammad Khan, AdvocateonRecord for
Respondents (in C. P. K76/79). Syed Nasiruddin, Advocate for
Respondents (in C. P. 49R/79). V. A. Kidwai, AdvocateonRecord for
Respondents (in C. P. K77/79). Syed A. Sheikh, Deputy AttorneyGeneral for the State.
Civil Petitions for Special Leave to Appeal No. 49-R, K-76 and K-77 of 1979. decided an 9th April 1980. (On appeal from the judgment and order of the High Court of Sind dated 17-2-1979 in Constitutional Petitions Nos. D-953 of 1977, D 146 of 1978 and D-120 of 1979).
Presented By: Dorab Patel, Muhammad Haleem and Aslam Ride Hussain, JJ C. P. 49-R of 1979
Nasim Faruqi, Advocate and Ch. Akhtar All, AdvocateonRecord for Petitioners (in C. P. 49R/79). Fazle Ghani Khan, Senior Advocate and Shabbir Ghaury, AdvocateonRecord for Petitioners (in C. P. K76/79). Khurshid Anwar Sheikh, Advocate and Shabbir Ghaury, AdvocateonRecord for Petitioners (in C. P. K77/79). Imtiaz Muhammad Khan, AdvocateonRecord for
Respondents (in C. P. K76/79). Syed Nasiruddin, Advocate for
Respondents (in C. P. 49R/79). V. A. Kidwai, AdvocateonRecord for
Respondents (in C. P. K77/79). Syed A. Sheikh, Deputy AttorneyGeneral for the State.
QAN AHMED KHURRAM--Petitioner
VERSUS
GOVERNMENT OF PAKISTAN AND OTHERS-Respondents C. P. K-76 of 1979 MUHAMMAD YUNUS AND OTHERS-Petitioners versus ISLAMIC REPUBLIC OF PAKISTAN AND OTHERS- Respondents C. P. K-77 of 1979 MUHAMMAD TAYYAB-Petitioner versus ISLAMIC REPUBLIC OF PAKISTAN AND OTHERS Respondents
Law: Constitution of Pakistan 1973
Section: 199
Law: Khyber Pakhtunkhwa Civil Servants Act, (XVIII of 1973)
Section: 25, 9
(a) Constitution of Pakistan (1973) Art. 199 read with Rules of Business, 1973, Sched. IV, r. 7(2) and Civil Servants Act (LXXI of 1973), S. 25Vires of notificationChief Engineer, ex officio Joint Secretary, being one of designated officers under r. 7(2), held, authorised to sign notification.No violation of S. 25, Civil Servants Act, 1973. held further, committed notwithstanding notification having been signed 'by Chief Engineer in his capacity as Chief Engineer.[Civil service]. (b) Sind Governnnent Rules relating to appointment of Assistant Engineers and Assistant Divisional Engineers [As amended by Notification No. S2437,'70VO III(E) dated 3091976 and notification dated 14101976Vires of rulesRules relating to appointment of Assistant Engineers and Assistant Divisional Engineers in SindHeld, made with concurrence of Establishment Division, hence, not ultra vires.[Civil service]. (c) Civil Servants Act (LXXI of 1973). S. 25 read with S. 9Rules, changes inSection 9 only deals with, eligibility for promotion for time being reserved under rules for departmental promotion in higher grade or cadre but does not guarantee preservation of rulesRules in such regard transitory in nature Section 25, held, gives unrestricted power to President, or person authorised by President, to make such rules, or change existing rules, as appear to him necessary or expedient for carrying out purposes of Civil Servants Act, 1973 and rules thus changed supersede existing rules on subject. R. Venkata Rao v. Secretary of State for IndiainCouncil 64 (d) Civil Servants Act (LXXI of 1973) S. 23, Proviso & S. 25Applicability of provisoSection 23 read with ProvisoA residuary provision enabling Government to deal with case of any person under Rules according to justice and equity so long as not treated less favourably than Rules requireGovernment can, within its plenary powers, make adjustments of a compensatory nature under such provisionsPerson not alleging to have not been treated fairly under Rules, condition precedent for application of proviso, held, not fulfilled in such caseResiduary provision of S. 23 and proviso, held further, in no way controls plenary…