Law: Establishment of West Pakistan Act, 1955

Section: 8(3)

(a) Establishment of West Pakistan Act, 1955   S. 8 (3) proviso, Cl. (a)-Provision negative inform and content-Does not confer a positive advantage-Registrar, Co-operative Societies, Sind, though seniormost officer in Department after integration, cannot as of right claim to be appointed Registrar, Co-operative Societies, West Pakistan, so long as his terms and conditions of service are not less favourable-Fitness for post-Government's discretion.   The wording of proviso (a) to subsection (3) of section 8, Establishment of West Pakistan Act, 1955, is negative in form, and the negative character of the guarantee is not confined to the form, but extends also to the content, its object being not to confer on those concerned any positive advantage from integra tion, but merely to ensure that as a result of the creation of the new Province of West Pakistan, the terms and conditions of service enjoyed should not be less favourable than they would have been if integration had never taken place.   Held, accordingly, that the petitioner, who occupied the post of Registrar, Co-operative Societies, Sind, before integration was not entitled to argue that the guarantee contained in proviso (a) conferred on him the right of appointment to the newly created post of Registrar, Co-operative Societies, West Pakistan.   The terms and conditions of service of the petitioner were contained in the Sind Civil Services Rules Manual and unless the prospects of appointment to the post in dispute were dealt with in the said Manual, the petitioner could not take advantage of the proviso.   The terms and conditions of service applicable to an officer serving in the former Province of Sind cannot cover the case of promotion to a post outside the cadre in which the petitioner was serving, which post neither existed nor was even contemplated at the time the petitioner entered Government service.   The question of fitness for the post in dispute was one for Government itself to decide, and, in the absence of any proof of mala fides, its decision was not open to question by the High Court in the exercise of its writ jurisdiction.   Not being appointed the…