| Citation(s) |
|---|
| 1962 SLG 2875 = 1962 SLD 2875 = 1962 PLD 428 |
Supreme Court of Pakistan
Civil Appeals Nos. 149 to 155 of 1960, decided on 30th April 1962.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
M. B. Zaman Advocate Supreme Court instructed by Ijaz Ali Attorney for Appellant (in Civil Appeals Nos. 149 to 154 of 1960).
Respondents (in Civil Appeals Nos. 149 to 154 of 1960) Ex parte.
Respondent No. 2 (in Civil Appeal No. 153 of 1960) : Dead -struck off. Iftikharul Haq Khan Advocate Supreme Court instructed by Nazir-ud-Din Attorney for
Respondent No. I (in Civil Appeal No. 154 of 1960).
Respondents Nos. 2 to 6 (in Civil Appeal No. 154 of 1960) Ex parte. M. Asaf Advocate Supreme Court instructed by M. B. Khizar Tamimi Attorney for Appellant (in Civil Appeal No. 155 of 1960). M. B. Zaman Advocate Supreme Court instructed by Ijaz Ali Attorney for
Respondent No. 2 (in Civil Appeal No. 155 of 1960).
Respondent No. 1 (in Civil Appeal No. 155 of 1960) : Ex parte. Date of hearing : 30th April 1962.
Civil Appeals Nos. 149 to 155 of 1960, decided on 30th April 1962.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
M. B. Zaman Advocate Supreme Court instructed by Ijaz Ali Attorney for Appellant (in Civil Appeals Nos. 149 to 154 of 1960).
Respondents (in Civil Appeals Nos. 149 to 154 of 1960) Ex parte.
Respondent No. 2 (in Civil Appeal No. 153 of 1960) : Dead -struck off. Iftikharul Haq Khan Advocate Supreme Court instructed by Nazir-ud-Din Attorney for
Respondent No. I (in Civil Appeal No. 154 of 1960).
Respondents Nos. 2 to 6 (in Civil Appeal No. 154 of 1960) Ex parte. M. Asaf Advocate Supreme Court instructed by M. B. Khizar Tamimi Attorney for Appellant (in Civil Appeal No. 155 of 1960). M. B. Zaman Advocate Supreme Court instructed by Ijaz Ali Attorney for
Respondent No. 2 (in Civil Appeal No. 155 of 1960).
Respondent No. 1 (in Civil Appeal No. 155 of 1960) : Ex parte. Date of hearing : 30th April 1962.
PROVINCE OF WEST PAKISTAN-Appellant
VERSUS
MUHAMMAD AKHTAR QURESHI AND OTHERS ----Respondents [and 6 other connected appeals]
Law: Establishment of West Pakistan Act, 1955
Section: S. 8 (3)
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 2nd July 1961, in Writ Petition No. 320 of 1958). Establishment of West Pakistan Act, 1955----------S. 8 (3) proviso (a)-Terms and conditions "admissible to (servants of the Crown) immediately before the 10th day of August 1955"-Expression refers to concrete matters relating to "actual service" of officers on specified date, and not to future prospects of promotion etc. [Government of West Pakistan v. Fida Muhammad Khan P L D 1960 S C (Pak.) 45 ; Government of West Pakistan v. Fatehullah Khan P L D 1960 S C (Pak.) 105 rel. and Manzur Ahmad v. Pro vince of West Pakistan and others P L D 1961 S C 166 distinguished]. Rules-----Circular letter, from Chief Secretary, Government of West Pakistan, embodying directions for determining seniority of officers of P. W. D., after integration of Province-Letter meant as "guidance", till Rules were framed by Governor under Establish ment of West Pakistan Act, 1955, S. 8 (3)-Principle of letter expected to be adopted by such Rules-"Directions" not violating any vested right of officers concerned-Circular letter, held, did not contravene any provision of law or rule and as such could not be interfered with in circumstances of case on a writ petition. JUDGMENT S. A, RAHMAN, J.-----This order will dispose of Civil Appeals Nos. 149 to 155 of 1960, which arise out of a consolidated judgment of the High Court of West Pakistan, Lahore, dealing with six writ petitions. The writ petitions had been filed in the High Court by certain officers, belonging to the Public Works Department. An integrated seniority list of the Engineers of West Pakistan had been prepared, following the integration of the various Provinces into a single Unit. The writ petitions challenged the correctness of this seniority list and in particular the seniority accorded to the respondents to the petitions other than the Government of West Pakistan, and a writ of mandamus, or any other appropriate writ, order or direction was prayed for to be issued to the West Pakistan Government, directing that the…