| Citation(s) |
|---|
| 1964 SLG 3704 = 1964 SLD 3704 = 1964 PLD 17 |
Supreme Court
Civil Appeal No. 51 of 1962, decided on 21st October 1963.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
M. Ismail Bhatti Senior Advocate Supreme Court instructed by Nazir-ud-Din Senior Attorney for Appellants. Bashir Ahmad Senior Advocate Supreme Court instructed by M. Siddiq Senior Attorney for
Respondent No. 1. Ex parte for
Respondent No. 2. M. B. Zaman Advocate Supreme Court instructed by Ijaz Ali Attorney for
Respondents Nos. 3 and 4. Muhammad Shafi Senior Advocate Supreme Court (Shaukat Ali Khawaja Advocate Supreme Court with him) instructed by Muhammad Nazar Khan Attorney for
Respondent No. 5. Date of hearing : 21st October 1963.
Civil Appeal No. 51 of 1962, decided on 21st October 1963.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
M. Ismail Bhatti Senior Advocate Supreme Court instructed by Nazir-ud-Din Senior Attorney for Appellants. Bashir Ahmad Senior Advocate Supreme Court instructed by M. Siddiq Senior Attorney for
Respondent No. 1. Ex parte for
Respondent No. 2. M. B. Zaman Advocate Supreme Court instructed by Ijaz Ali Attorney for
Respondents Nos. 3 and 4. Muhammad Shafi Senior Advocate Supreme Court (Shaukat Ali Khawaja Advocate Supreme Court with him) instructed by Muhammad Nazar Khan Attorney for
Respondent No. 5. Date of hearing : 21st October 1963.
MANZUR AHMAD AND OTHERS-Appellants
VERSUS
Ch. MUHAMMAD ISHAQ AND OTHERS-Respondents
Law: Constitution of Pakistan, 1956
Section: 170
(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 7th April 1958, in Writ Petition No. 538 of 1957). (a) Writ---- ---Directions, issued by High Court, bearing no relation to prayer-Recalled, on appeal, by Supreme Court-- Constitution of Pakistan (1956), Art. 170. (b) Establishment of West Pakistan Act, 1955------ ----S. 8 (3) proviso (a)-Expression "such terms and conditions"-Must be understood in narrow and limited sense confirmed to concrete matters relating to actual service of person concerned on specified date-Same prospects of Future promotion-Not guaranteed. Government of West Pakistan v. Fida Muhammad Khan P L D 1960 S C (Pak.) 45 ; Government of West Pakistan v. Fatehullah Khan P L D 1960 S C (Pak.) 105 and West Pakistan Province v. Qureshi P L D 1962 S C 428 ref. JUDGMENT CORNELIUS, C. J.-This appeal by special leave is brought to call in question the issue of a writ by a Division Bench of the High Court of West Pakistan at Peshawar, which is worded in the form of a direction: "to the Government that if and when the vacancy of the Conservator of Forests in the region which was previously known as North-West Frontier Province arises, then it must, in the first instance, be given to the person, who prior to the 10th of August 1955, was serving in that province, subject of course to the efficiency and capability of that officer". The third prayer made by the petitioners who were two Deputy Conservators of Forests posted at Abbottabad and Mardan respectively was in the following terms :- "that a writ of a mandamus be issued directing the respon dents not to jeopardize the petitioners prospects for higher appointments". A more loosely worded prayer for a writ it is difficult to imagine. It is possible however to gain an idea of what exactly was the protection sought by the officers from the averments of facts contained in their petition. They started by claiming to have been in Class I Service on the date of integration of the various units into West Pakistan, namely, 14th October…