Law: Establishment of West Pakistan Act, 1955

Section: 8(3)

  Establishment of West Pakistan Act, 1955,   S .8 (3)-Powers of Governor to determine terms and conditions of service of officials of integrating units-Circumscribed by limitations contained in proviso (a) to S. 8(3)Prospects of future promotion Cannot be regarded as part of terms and conditions of service guaranteed by proviso (a) to S. 8(3)-Proviso, however, cannot be construed so as to deprive official of any benefit which may have been conferred by Governor in exercise of powers given to him under subsection (3) itself-Government Notification dated 25-I1-55, paras. 4, 9, 10 & 11-Combined effect: subordinate ministerial establishment to be grouped either in regional or district cadres Status of office of Director of Public Instruction, Bahawalpur --Not that of a District office but of a Provincial office and now replaced by Regional Director of Education Lahore RegionPerson, senior-most officer in office of Director of Public Instruction, BahawalpurEntitled, on integration, to be absorbed in ministerial staff' of Regional Directorate of Education Lahore and not in District or Divisional office which is subordinate establish ment-Absorption of such official in subordinate offices-Violative of relevant law and instructions under S. 8(3).   Government of West Pakistan v. Fida Muhammad Khan P L D 1960 S C 45; Government of West Pakistan v. Fateh Ullah Khan P L D 1960 S C 105 and Manzoor Ahmad and others v. Ch. Muhammad Ishaq and others P L D 1964 S C 17 ref   JUDGMENT   This second appeal is by the Government of West Pakistan and arises out of a suit filed by the respondent Malik Manzoor Hussain for a declaration that the seniority list published by the Department of Education showing his name in the integrated cadre of the subordinate offices ministerial establishment of Group Sub-Cadres `C' and `D', Lahore Region, was invalid and inoperative as against his rights as a pre-integration official of the Bahawalpur State. In this suit a prayer was also made for a mandatory injunction requiring the Province of West Pakistan to remove the plaintiff-respondent's name from the seniority list in question and to incorporate…