| Citation(s) |
|---|
| 1967 SLG 5392 = 1967 SLD 5392 = 1967 PLD 22 |
Sindh High Court
Writ Petition No. 391 of 1962, decided on 24th March 1966.
Presented By: Illahi Bakhsh Khamisani and H. T. Raymond, JJ
A. K. Brohi assisted by Sadiq and Ghulam Ali Memon for Appellants. Shah Jamil Alam for
Respondents Nos. 1 and 2. A. A. Zari for
Respondents Nos. 7, 9, 11 and 20. Wahid Farooqi for
Respondent No. 24.
Writ Petition No. 391 of 1962, decided on 24th March 1966.
Presented By: Illahi Bakhsh Khamisani and H. T. Raymond, JJ
A. K. Brohi assisted by Sadiq and Ghulam Ali Memon for Appellants. Shah Jamil Alam for
Respondents Nos. 1 and 2. A. A. Zari for
Respondents Nos. 7, 9, 11 and 20. Wahid Farooqi for
Respondent No. 24.
MUHAMMAD ISMAIL ZAFAR AND OTHERS -Petitioners
VERSUS
DIRECTOR-GENERAL, PAKISTAN TELEGRAPH AND TELEPHONE DEPARTMENT, GOVERNMENT OF PAKISTAN AND OTHERS--Respondents
Law: Constitution of Pakistan (1956)
Section: 181
Law: Constitution of Pakistan (1961)
Section: 177
Law: Constitution of Pakistan (1916)
Section: 170
(a) Precedent------ ------Observations in judgment based on hypothetical considerations and not upon actual facts of case-Cannot be considered law declared-Court cannot place reliance on such suppositious cases. (b) Constitution of Pakistan (1956)----- ------- Art. 181-Civil servant upgraded and confirmed in post by order published, communicated and acted upon-Government, nevertheless, for good reasons competent to cancel order subsequently-Constitution of Pakistan (1961), Art. 177. R. T. Rangachari v. Secretary of State A I R 1937 P C 27 ; Shahbaz v. The Crown P L D 1956 F C 46 ; Dr. Mahboob Rabbani v. Government of West Pakistan P L D 1963 Lah. 53 and Abdul Rashid v. The Secretary, Home Department, Government of East Pakistan P L D 1965 Dacca 433 distinguished. (c) Constitution of Pakistan (1916)------ ------- Art. 170 and Constitution of Pakistan (196?), Art. 93-Stay of departmental proceedings pending writ petition-Mere filing of petition does not automatically operate as stay of further proceedings connected therewith. It is not the law in Pakistan that with the filing of a writ petition or a case, further departmental proceedings connected therewith are automatically stayed. In this country, a special application for stay is required to be made before stay can be granted and there is no such thing as an automatic stay by merely putting the matter into Court. Dates of hearing: 18th, 22nd, 23rd and 24th February 1966. JUDGMENT H. T. RAYMOND, J.-The nine petitioners, who are Gazetted Officers from the Telegraph Engineering and Wireless Service Class II, have filed this Petition under Article 170 of the late Constitution read with clause 2(4) of the Laws (Continuance in Force) Order II of 1958 against the Director-General, Pakistan Telegraphs and Telephone Department, the Government of Pakistan through the Secretary, Ministry of Communications and 29 other engineers who are direct .recruits to Class I of the same Service. The petitioners have asked for a Writ of mandamus or any other order directing the respondents Nos. 1 and 2 to accord due seniority to the petitioners in accordance with…