| Citation(s) |
|---|
| 1965 SLG 4646 = 1965 SLD 4646 = 1965 PLD 214 |
West Pakistan Peshawar
Writ Petition No. 104 of 1962, decided on 11th February 1965.
Presented By: J. Ortcheson and Faizullah Khan, JJ
Khan Abdul Qayyum Khan for Petitioner. S. Ghazanfar Ali Shah Bokhari, A. A.-G. for
Respondents.
Writ Petition No. 104 of 1962, decided on 11th February 1965.
Presented By: J. Ortcheson and Faizullah Khan, JJ
Khan Abdul Qayyum Khan for Petitioner. S. Ghazanfar Ali Shah Bokhari, A. A.-G. for
Respondents.
MUHAMMAD- AHSAN'KHAN-Petitioner
VERSUS
GOVERNMENT Oh WEST PAKISTAN AND OTHERS-Respondents
Law: West Pakistan Road Transport Board Rules, 1957
Section: 7
Law: Constitution of Pakistan (1956)
Section:
Law: Motor Vehicles Act (IV of 1939)
Section:
(a) West Pakistan Road Transport Board Rules, 1957, r. 7 officers and servants of Board carrying initial pay of Rs. 250 and above-Persons holding civil posts in connection with affairs of Province-Protection of Arts. 181 & 182, Constitution of Pakistan, (1956) available to such employees-Constitution of Pakistan (1956), Arts. 181 & 182-Motor Vehicles Act (IV of 1939), S. 43-A. (b) West Pakistan Road Transport Service Rules, 1959, r. Does not confer on Board right of interpreting, modifying, cancelling or amending any rule with retrospective effect. Dates of hearing: 26th and 27th January 1965. JUDGMENT J. ORTCHESON, J.-This is a writ petition under Article 170 of the 1956-Constitution filed on the 8th of May 1962 by Muhammad Ahsan Khan, Traffic Manager, Government .Transport Service, Peshawar, against the following respondents:- The Government of West Pakistan through the Secretary to the Department of Irrigation, Communication and _ Works, Lahore. The West. Pakistan Road Transport Board, through the Secretary to the Board, Lahore. _ The Chief Traffic Manager, the West. Pakistan Road Transport Board, Lahore. Mr. Fayyaz Ali Khan, presently posted as District Manager, Government TransportService, Multan. Mr. P. Mills, Traffic Manager, L. O. S., Lahore. Mr. N: D. Khan, presently posted as District Manager, Government Transport Service, Hyderabad. The constitutional provisions applicable to the petition are those of the 1956Constitution and the Laws (Continuance in Force) Order, 1958. The petitioner s case is that he entered the service of the former North-West FrontierProvince Road Transport Board in February 1948. He was appointed Traffic Manager, Peshawar, on the 16th of June 1952, and was confirmed as Traffic Manager on the 5th of December 1953. On the integration of the Provinces the three former Boards of the North-West Frontier Province, Sind and West Punjab were amalgamated into a single Board known as the West Pakistan Road Transport Board (hereinafter referred to as the Board). On the 6th of June 1959, the seniority of Traffic Managers (later…