Law: Constitution of Pakistan (1956)

Section: 170

(a) Bombay District Police Manual, Chapter II, Rule IV (3)---   --- Not applicable to persons recruited on temporary basis.   (b) Constitution of Pakistan (1956)------   -----Art. 170-Writ-Question of seniority of Government 'servant-Government filing statement regarding position of Government servant-High Court not competent to challenge correctness of such statement-Fixation of confirmation date within discretion of Government. Dates of hearing : 1st and 14th May 1959.     JUDGMENT   ORTCHESON, J.-This is a writ petition by one Khan Ghulam Hassan Khan a Deputy Superintendent of Police, against ten res pondents, including the Government of West Pakistan and the Inspector General of Police, West Pakistan. His case is that before Partition he was in the Baroda Police Service, and had attained the rank of a permanent Superintendent of Police. He then migrated to Pakistan, and occupied various posts in the Sind Police Service, his pay being fixed on the 3rd of August 1951 at Rs. 600 per mensem in the rank of Deputy Superintendent. The question of his seniority was at that time left undecided. By a notification dated the 3rd of August 1955, he and 8 others were confirmed as Deputy Superintendents of Police, he being according to his statement placed at the top of the list. On the 27th of April 1955, however, the above notification was cancelled, and the petitioner was placed No. 12 on the list, and treated as the most junior officer.   2. The integration of the Provinces then took place, and on the 1st of July 1956, the Government of the new Province of West Pakistan published a list containing the seniority and dates of confirmation of Deputy Superintendents of Police. In that list, the petitioner's date of appointment to the Service was given as the 15th of January 1948, and his date of confirmation as the 1st of December 1954, whereas in the case of other direct recruits, the date of appointment and the date of confirmation were the same. The petitioner submitted various representations to Government, but without success. He then filed the present petition praying for a writ of mandamus, or any other writ, order or…