Case Details

Citation(s)
1981 SLG 3047 = 1981 SLD 3047 = 1981 PLC 29
Lahore High Court
Writ Petition No. 2741 of 1979, decided on 29th June, 1980.
Presented By: Gul Muhammad Khan, J
Sardar Muhammad Latif Khan Khosa, for Petitioner. Akhtar Shabbir -for A.-G. for
Respondents.

MUSHARRAF ALI

VERSUS

THE PROVINCE OF PUNJAB AND OTHERS

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)  Art. 199 read with West Pakistan General Clauses Act (VI of 1956), S. 20-Civil service-No law being available to restrain or prevent Governor from re-organizing services, cadres or grades and framing of rules for such purposes being part of his executive authority or function, Governor, held, competent to amend previous rules, amalgamate, merge or separate same in exigency of work, and impugned notification reverting petitioners to their original district cadre by taking them out of control of Inspector-General of Registration, not ultra vires power of Governor. Province of West Pakistan v. Din Muhammad P L D 1954 S C 21 ; Karam Din v. Inspector-General of Police P L D 1964 Lah. 187 and Pakistan v. Muhammad Himayatullah P L D 1969 S C 407 ref. Date of hearing : 29th June, 1980.                                                                                                                                                JUDGMENT This order shall also dispose of Writ Petitions Nos. 2142, 3022, 3346, 3347, 3348, 3557, 3661, 4289 and 4295-S-79, which involve the same question of law as being raised here. 2. The petitioner is working as a `Registration Moharrir since the year 1963, and has been performing his duties at various places. His last appoint ment was in the Sub-Registrar Office, Dipalpur, when a notification (Annexure `C' dated 11th February. 1979) was published. The grievance of the petitioner is that as that notification has upset his terms and conditions of service as laid down in West Pakistan Registration Department Ministerial Establishment Recruitment Rules, 1963, which governed his case, the same is liable to be quashed. 3. Originally, the personnel' working in the office of the Sub-Registrar were part of the revenue cadre and the Deputy Commissioner…
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