| Citation(s) |
|---|
| 1964 SLG 3713 = 1964 SLD 3713 = 1964 PLD 21 |
Supreme Court of Pakistan
Civil Appeals Nos. 65 and 66 of 1961, decided on 21st October 1963.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
Civil Appeal No. 65 of 1961 Atta Ullah Sajjad Additional Advocate-General West Pakistan (Iftikharul Haq Khan Advocate Supreme Court with him) instructed by Ijaz Ali Attorney for Appellants. Ex parte for
Respondents. Civil Appeal No. 66 of 1961 Atta Ullah Sajjad Additional Advocate-General West Pakistan (Iftikharul Haq Khan Advocate Supreme Court with him) instructed by Ijaz Ali Attorney for Appellants. Muhammad Anwar Advocate Supreme Court instructed by Dost Muhammad Awan Attorney for
Respondent No. 1. Ex parte for
Respondents Nos. 2 to 25. Date of hearing : 21st October 1963.
Civil Appeals Nos. 65 and 66 of 1961, decided on 21st October 1963.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
Civil Appeal No. 65 of 1961 Atta Ullah Sajjad Additional Advocate-General West Pakistan (Iftikharul Haq Khan Advocate Supreme Court with him) instructed by Ijaz Ali Attorney for Appellants. Ex parte for
Respondents. Civil Appeal No. 66 of 1961 Atta Ullah Sajjad Additional Advocate-General West Pakistan (Iftikharul Haq Khan Advocate Supreme Court with him) instructed by Ijaz Ali Attorney for Appellants. Muhammad Anwar Advocate Supreme Court instructed by Dost Muhammad Awan Attorney for
Respondent No. 1. Ex parte for
Respondents Nos. 2 to 25. Date of hearing : 21st October 1963.
Civil Appeal No. 65 of 1961 THE PROVINCE OF WEST PAKISTAN THROUGH THE SECRETARY,SOCIAL WELFARE AND LOCAL GOVERNMENT DEPARTMENT, AND THE REGISTRAR, CO-OPERATIVE SOCIETIES, WEST PAKISTAN,LAHORE-Appellants
VERSUS
Ch. DIN MUHAMMAD AND OTHERS-Respondents AND Civil Appeal No. 66 of 1961 THE PROVINCE OF WEST PAKISTAN THROUGH THE SECRETARY,SOCIAL WELFARE AND LOCAL GOVERNMENT DEPARTMENT, AND THE REGISTRAR, CO-OPERATIVE SOCIETIES, WEST PAKISTAN,LAHORE-Appellants versus ZAFAR ALI SHAH AND OTHERS-Respondents
Law:
Section:
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 25th February 1959, in Writ Petition No. 381 of 1957,/Writ Petition No. 827 of 1958). (a) Rules------ ---Administrative instructions contained in memo randum issued by authority competent to alter or amend rules- Can be as effective and binding as statutory rules-Government of India Act, 1935, S. 241 (3)-Constitution of Pakistan (1962), Art. 178. Pakistan v. Sheikh Abdul Hamid P L D 1961 S C 105 ref. (b) Government of India Act, 1935----- -----S. 241 (3) (a)"Order" Not used in restricted sense - Order though not specifically described as "order making a rule" may nevertheless have effect of amending previous rules. Federation of Pakistan v. Maqbool Ilahi and others Civil Appeal No. 35 of 1961 (Unreported) ref. JUDGMENT HAMOODUR RAHMAN, J.-These appeals, by Special leave, arise out of the judgment and order of the High Court in Writ Petitions Nos. 381 of 1957 and 827 of 1958 and Civil Miscellaneous Application No. 1768 of 1958, whereby the Registrar of Co operative Societies, West Pakistan, was directed to maintain a combined seniority list of head and senior clerks in the Department. Writ Petition No. 381 of 1957, was filed by one Ch. Din Muhammad who claimed to have joined the Co-operative Societies Department, Punjab, as a Junior Grade Clerk on the 22nd of November 1930. Writ Petition No. 827 of 1958 was filed by Zafar Ali Shah, who claimed to have joined the clerical establishment of the above-mentioned Department on the 1st of April 1927. Both of them claimed that under the Punjab Co-operative Subordinate Service Rules, 1936, a clerical cadre was set up consisting of the following classes :- Superintendent, Head Assistant, Assistant, Senior Clerk (designated as Head Clerk and posted in a descentralised office, i.e.,Circle Office), Junior Clerk and ( f ) Restorer. Under rule 3 of Part III of the said Rules it was further provided that "the seniority of the members of the service shall, in so far as each class of the posts specified in Appendix B…