Law:

Section:

(a) Constitution of Pakistan (1973) Art. 199 Writ Government servant Seniority Petitioner, a Government servant, tendering his resignation, such resignation accepted and acted: upon Petitioner, however, subsequently re-instated on compassionate grounds subject to condition of such appointment being regarded as fresh appointment Petitioner, held, cannot be allowed to get himself re instated after resignation and there¬after claim benefit of his previous service to prejudice of other officers, of same rank. [Civil services]. (b) Constitution of Pakistan (1973) Art. 199 Writ Service matters High Court in writ jurisdiction, held, would not interfere (except where gross injustice done) with matters of interdepartmental promotions, seniority, and re instatement¬-Remedies being available under various rules and regulations with relevant authorities and petitioner having exhausted all such remedies in form of representations and review and such having been duly considered by officers concerned writ petition dismissed. [Civil services]. (c) Constitution of Pakistan (1973) Art. 199 Writ jurisdiction Questions of glaring discrimination in similar conditions of two officers Held, cannot be allowed to go unobserved in essentially equitable writ jurisdiction. (d) Government of West Pakistan, Services and General Administration Department Memo. No. S. O.IV (S&GAD) 4 30/64, dated 19th July 1965 Vires of orders Memo with reference to case reported as PLD 1956 F C 46 stating legal position as "that Government and executive authorities must be presumed to have the inherent right of reviewing their orders unless such orders have been executed and are beyond recall In fact, Government is presumed to have unfettered right of setting aside an adverse order and replacing it by an order in favour of a Government servant to meet the ends of justice" Reference to PLD 1956 F C 46, a case relating to criminal offence and not to service matter, held, misplaced No single institution or person could claim to have unfettered powers Memo., held, not true interpretation of reported as PLD 1956 F C 46 and devoid of legal force. [Vires of order]. Shahbaz's case PLD 1956 F C 46 ref. JUDGMENT…

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