| Citation(s) |
|---|
| 1963 SLG 3410 = 1963 SLD 3410 = 1963 PLD 268 |
Supreme Court of Pakistan
Civil Appeal No. 32 of 1959, decided on 11th November 1959,
Presented By: Muhammad Munir, C. J., M. Shahabuddin, A. R. Cornelius and Amiruddin Ahmad, JJ
S. M. Sohail Advocate Supreme Court instructed by Shujjat Ali Attorney for Appellant.
Respondent No. 1 not represented. Khalid Ishaq Additional Advocate-General West Pakistan instructed by Muhammad Ali Syed Attorney for
Respondents Nos. 2 & 3. Date of hearing: 11th November 1959.
Civil Appeal No. 32 of 1959, decided on 11th November 1959,
Presented By: Muhammad Munir, C. J., M. Shahabuddin, A. R. Cornelius and Amiruddin Ahmad, JJ
S. M. Sohail Advocate Supreme Court instructed by Shujjat Ali Attorney for Appellant.
Respondent No. 1 not represented. Khalid Ishaq Additional Advocate-General West Pakistan instructed by Muhammad Ali Syed Attorney for
Respondents Nos. 2 & 3. Date of hearing: 11th November 1959.
GHULAM MUSTAFA SHAH---Appellant
VERSUS
PAKISTAN AND OTHERS----Respondents
Law: Constitution of Pakistan, 1956
Section: 170
Law: Pakistan Railway Establishment Code
Section: Rule 2044(F. R. 54)
(On appeal from the orders of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 7th November 1957, and 9th January 1959, in Writ Petition No. 633 of 1957 and Supreme Court Petition No. 48 of 1958). Government servant----Arrears of salary-Pay after re-instatement, for period of suspension-(Government servant: Railway employee) Claim negatived by Divisional Superintendent on strength of rule which was inapplicable-Mandamus granted directing consider ation and decision of case under proper rule-Pakistan Railway Establishment Code, Rule 2044 (F. R. 54)-Constitution of Pakistan (1956), Art. 170. JUDGMENT MUHAMMAD MUSIR, C. J.---This is an appeal by special leave from an order of a Karachi Bench of the High Court of West Pakistan summarily dismissing the appellant's application for a writ of mandamus. The appellant, Ghulam Mustafa Shah, who was in the service of the N.-W. Railway was first reduced from the rank of Assistant Station Master to that of Signaler and then dismissed from service. He filed a civil suit challenging the validity of both the orders and on counsel for the Railway admitting the claim the suit was decreed by a declaration that the reduction of the appellant from the rank of Assistant Station Master to the lower rank of Signaler and his subsequent removal from service were void and inoperative. For the period during which he remained absent from duty due to his suspension and sub sequent dismissal the appellant put in a claim for salary, but the claim was negatived by the Divisional Superintendent, N.W.R., Karachi on the ground that the period in question had been treated by him as extraordinary leave without allowances within the meaning of rule 2026-R-I1 read with rule 2022-R-II of the Pakistan Railway Establishment Code, Volume 11 (1952), and that no salary for that period was admissible. Being aggrieved by this order the appellant applied for a Writ of Mandamus but the application was summarily dismissed by the High Court. It is now conceded before us by Mr. Khalid Ishaq who appears for the Department that neither of the rules referred to in the order of the Divisional Superintendent was…