Case Details

Citation(s)
1963 SLG 3155 = 1963 SLD 3155 = 1963 PLD 19
Baghdad ul Jadid
Writ Petition No. 86 of 1958, decided on 30th January 1963.
Presented By: S. A. Mahmood and Sajjad Ahmad, JJ
Ch. Farzand Ali for Petitioner.   Abid Hassan Minto for A.-G. for
Respondent.

Allama REHMATULLAH ARSHAD, M. P. A.-Petitioner  

VERSUS

  PROVINCE OF WEST PAKISTAN-Respondent

Law:

Section:

Government servant-----   -----Arrears of salary-Government under moral and solemn duty to pay though such arrears a bounty of State-Governor as executive head of Province ordering payment of arrears-Subordinate authorities bound to implement order --Constitution of Pakistan (1962), Arts. 80 & 98. JUDGMENT   S. A. MAHMOOD, J.-Allama Rehmatullah Arshad joined the Bahawalpur State Service in the Education Department of the State on the 16th of May 1944, and held the rank of the Inspector of the State Arabic Schools on the 11th of February 1949, he was sus pended from service by Col. A. J. Dring, the then Prime Minister of the State, and an inquiry was ordered to be held by K. B. Sayed Ahmad, Revenue Minister of the State on the allegation that he was taking very active part in politics. After the inquiry, the petitioner got the impression that he was discharged from service, but in actual fact he was dismissed on the 13th of July 1949. The petitioner claims that the order of dismissal was neither notified in the Official Gazette nor was it conveyed to him. There after, constitutional reforms were introduced in the State, as a result of which elections to the Bahawalpur State Assembly took place in 1952. The petitioner stood as a candidate for one of the seats. An objection was taken to the acceptance of his nomi nation papers, on the ground that he had been dismissed from State Service. This objection was upheld. The petitioner's case is that he came to know then that he had been dismissed and pot merely discharged from service. On the 17th of April 1952, he filed a suit in the Civil Court for a declaration that the order of the Minister of Education, dated the 13th July 1949, where by he was dismissed, was illegal, void, inoperative and in excess of powers. His suit was decreed on the 7th of May 1955 and it was ordered that the dismissal was illegal, void and inope rative and did not affect his civil rights to stand for election. The petitioner states that he reported for duty but he was not re-instated, as an appeal was filed in the High Court of Bahawal pur against the judgment and decree of the trial Court. The appeal was dismissed by the…
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