| Citation(s) |
|---|
| 1966 SLG 4989 = 1966 SLD 4989 = 1966 PLD 99 |
Supreme Court
Civil Appeal No: 5 of 1965, decided on 18th October 1965.
Presented By: A. R. Cornelius, C. J., S, A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
Elahi Chauhan Senior Advocate Supreme Court (Muhammad Ali Zaidi Advocate Supreme Court with him) instructed by Kamal Mustafa Bokhary Attorney for Appellant. M. A. Zullah Advocate Supreme Court instructed by Maqbul Ahmad Attorney on behalf of Ijaz Ali Attorney for
Respondents.
Civil Appeal No: 5 of 1965, decided on 18th October 1965.
Presented By: A. R. Cornelius, C. J., S, A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
Elahi Chauhan Senior Advocate Supreme Court (Muhammad Ali Zaidi Advocate Supreme Court with him) instructed by Kamal Mustafa Bokhary Attorney for Appellant. M. A. Zullah Advocate Supreme Court instructed by Maqbul Ahmad Attorney on behalf of Ijaz Ali Attorney for
Respondents.
DR. MUHAMMAD AMIN DURRANI, JOINT SECRETARY TO THE GOVERNMENT OF WEST PAKISTAN, HEALTH DEPARTMENT, (NOW) DIRECTOR, HEALTH SERVICES, SARGODHA REGION AT LAHORE--Appellant
VERSUS
GOVERNMENT OF WEST PAKISTAN THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF WEST PAKISTAN, LAHORE, AND COI. K. M. SANA, DIRECTOR, HEALTH SERVICES, SARGODHA REGION, AT LAHORE, NOW JOINT SECRETARY TO GOVERNMENT OF WEST PAKISTAN, HEALTH \ DEPARTMENT-Respondents
Law: Constitution of Pakistan, 1962
Section: 98(3),98(b),178(2),178(b),178(3),177(1),177(b)
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 16th July 1963, in writ Petition No: 715 of 1963). Constitution of Pakistan (1962), Art. 98(3) (b) read wily Art. 178(2),(3)-Words "except a term or condition of service that I specified in this Constitution" occurring in Art. 98(3) (b). as well a: words to that effect occurring in. Art. 178(2)-Terms and condition. of service of member of Provincial Medical Service not specifies in "this Constitution"-Petition under Art. 98 to enforce condition, of service not competent. Constitution of Pakistan(1962), Art. 177(1) (b) "Reduction in rank"-Reversion from "officiating" to "substantive' position does not involve to "reduction in rank"-[Officiating Join Secretary, Public Health Department, West Pakistan Government, reverted to post of Regional Director, Health Services]. Constitution of Pakistan (1962), Art. 98-WritQuo warranto - Expression raises question by what "warrant" a public office is held--"Lawful authority" behind an appoint went-Decision given by High Court may be such "warrant" or "authority"-[K. M. Sana v. West Pakistan Government P L D 1962 Lah. 509 mentioned.] Constitution-of Pakistan (1962), Art. 178(2) (b)-Service Rules-Letter of Chief Secretary does not have force of statutory rule. Government servant-Letter of Chief Secretary,West Pakistan Government, dated 18-6-1963-Officers of the "concerned Department"-Contract officer in Department of Public Health is an officer of "concerned Department" in matter of selection. Dates of hearing: 26th and 27th April 1965. JUDGMENT CORNELIUS, C. J. This appeal by special leave is brought by Dr. Muhammad Amin Durrani, a member of the Class I Medical Service of the West Pakistan Government, to call in question an order made in limine dismissing a petition which he had brought against the West Pakistan Government and Col. K. M. Sana, purporting to be under Article 98 of the Constitution of Pakistan and seeking the following remedies, namely, that…