| Citation(s) |
|---|
| 1966 SLG 5328 = 1966 SLD 5328 = 1966 PLD 678,628 |
WEST PAKISTAN, KARACHI
Writ Petition No. 104 of 1962, decided on 2nd June 1965.
Presented By: Inamullah Khan and Wahiduddin Ahmad, JJ
S. M. Raza assisted by Mrs. Salma Nasiruddin for Petitioner. A. A. Zari for A. A.-G. for
Respondents Nos. 1 and 2. M. K. Chandnani for
Respondent No. 3.
Writ Petition No. 104 of 1962, decided on 2nd June 1965.
Presented By: Inamullah Khan and Wahiduddin Ahmad, JJ
S. M. Raza assisted by Mrs. Salma Nasiruddin for Petitioner. A. A. Zari for A. A.-G. for
Respondents Nos. 1 and 2. M. K. Chandnani for
Respondent No. 3.
IZHARUL HASSAN WARSI-Petitioner
VERSUS
GOVERNMENT OF WEST PAKISTAN AND OTHERS- Respondents
Law: Establishment of West Pakistan Act, 1955
Section: 8
Law: Laws (Continuance in Force) Order (Post-Proclamation No. 1 of 1958)
Section: 2(4)
(NOTE:Wrongly 2 citations added in PLD.Both are mentioned.) Establishment of West Pakistan Act, 1955----S. 8-Govern ment servant-Officer appointed by former Sind Government acquiring vested right before integration in respect of terms and conditions of service-No appeal against appointment pending before or at time of integration-Order passed by West Pakistan Government adversely affecting seniority of such officer-Illegal. Laws (Continuance in Force) Order (I of 1958)----Art. 2(4)-Writ-Government servant - Court reluctant to determine questions of seniority of Government servants in writ jurisdiction-Government giving contrary decisions on questions affecting seniority of contesting officers-Fit case for interference-Mandamus issued. Manzoor Ahmad v. The Province of West Pakistan P L D 1961 S C 166 rel. Dates of hearing : 5th and 6th May, 1965. JUDGMENT WAHIDUDDIN AHMAD, J.------This writ petition was filed under President's (Post-Proclamation) Order No. 1 of 1958 to challenge the orders of Government of West Pakistan dated 12th January, 1962 and 30th January, 1962, whereby the petitioner's seniority in the Forest Department of the Province of West Pakistan has been materially affected. The facts leading to this petition may be briefly stated. The petitioner was selected in June, 1948 by the Sind Public Service Commission for the post of Range Forest Officer. On selection he joined Rangers College Upper Top a Murree and after completing the training reported for duty in the office of the then Chief Conservator of Forests on 3rd May, 1950 and was posted as Range Forest Officer at Mirpurkhas. In 1952, the petitioner being a war service candidate made representation to the Government that as he was selected against a War reserved vacancy he was entitled to certain concession under the War Recruitment Rules. On 11th March, 1953, the then Government of Sind rejected his representation on the ground that he was not taken up in War reserved vacancy. Thereupon, the petitioner made further representation for his absorption in one of the War reserved vacancies in the said Department. The Chief Conservator of…