Case Details

Citation(s)
1974 SLG 3132 = 1974 SLD 3132 = 1974 PLD 36
Lahore High Court
Writ Petition No. 397/S of 1972, decided on 27th March 1973.
Presented By: Nasim Hasan Shah, J
Maqbool Elahee Malik for Petitioner. Khawaja Saeed-ul-flassan for
Respondent.

DR. Mats. MUNAWAR ZAHEEN-Petitioner

VERSUS

THE SECRETARY, PUNJAB PUBLIC SERVICE COMMISSION, LAHORE AND 2 OTHERS-Respondents

Law:

Section:

Constitution of Pakistan (1961)  Art. 98-Writ-Domicile, determination of-Woman Government servant--Acquire domicile of husband if married before entry into Government service-Such servant if married after entry into Government service shall, however, retain her original domicile, i.e., one held at time of entry into service. If a woman got married before entry into Government service, she should be treated to have acquired the domicile of her husband but if she got married after entry into Government service, she should retain her original domicile that she held at the time of entry into service The petitioner being already in Government service, at the time of applying for the post in question was entitled to be treated as belonging to the Zone wherein she was domiciled at the time of entry into the Government service, in the first instance. Dates of hearing: 20th, 21st and 22nd March 1973.                                                                                                                              JUDGMENT The Punjab Public Service Commission (hereinafter called the Com mission) advertised one temporary (likely to become permanent) post of Assistant Professor of Obsteterics and Gyneacology for Medical Colleges/ Attached Hospitals in the Punjab under its Advertisement No. 18/C-71. Under the heading `Eligibility' in the aforesaid advertisement, it was laid down that men and women, citizens of Pakistan, domiciled in Zone No. 4, alone were eligible for appointment. The question, which falls for deter mination in this case, is whether the petitioner can be treated as domiciled in Zone 4 or not ? 2. The facts bearing on this issue can be briefly stated as follows. The petitioner was born in Ambala, East Punjab, on June 3, 1938. Or the creation of Pakistan in 1947, she migrated to it along with her parents and settled down at…
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