Law: Establishment of West Pakistan Act, 1955

Section: 8 (3)

  Establishment of West Pakistan Act, 1955, S. 8 (3)-Terms and conditions of service determined under .section-Can be challenged only if such terms and conditions be less favourable to employee than those admissible to him prior to 10-8-55-Powers to determine terms and conditions-Cannot be further delegated by Governor to Administrative Department-Government of West Pakistan Finance Department Notification No. 644-F. P. R. dated 3-7-57-Foot-note appended to Notification-Held, ultra vires -Constitution of Pakistan, 1956, Art. 182.   Writ-Government servant-Pay-scale-Direction issued to Government that revised pay-scale contained in Notification, after eliminating effect of ultra vires foot-note appended to it, be given to petitioner - Constitution of Pakistan, 1962, Art. 98.   Pakistan v. Muhammad A. Hayat P L D 1962 S C 28 ref. JUDGMENT   A. S. FARUQUI, J.-This is a writ petition by Syed Wasi Hyder, Professor of N. E. p. Government Engineering College, Karachi and is directed against West Pakistan, through the Secretary to the Government, Irrigation, Communication and Works De partment and relates to the terms and conditions of service of the petitioner.   2. The petitioner obtained B. Sc. Degree In Engineering from Glasgow University after undergoing a course of 4 years and then served as Vice-Principal in Hewett Engineering School, Lucknow from 1st of May 1934, to 31st of August 1937. There after he held office as an Assistant Engineer in Kanpur Improve ment Trust from 1938 to 1945 and as Executive Engineer Class I in Punjab Public Works Department from 23rd September 1946 to 17th September 1949. On recruitment by the Sind Public Service Commission he was appointed by the Governor of Sind as a Professor in the N. E. D. Government Engineering College, Karachi on 21st June 1951, in the then existing pay scale of Professor Class I which was Rs. 600-40-1,000 and was confirmed as a professor by the Government of Sind on 11-3-55. By Sind Government Resolution dated 6th September 1952, the pay scale of Professor Class I of the said Engineering College was revised as Rs. 600-40-920-960-1,050-50/2-1,150 with effect from 1st April 1952. In that…