Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973) ----Art. 185(3) Leave to appeal to Supreme Court Dispute having arisen between parties as. to fixation of terms and conditions of respondent's service, Supreme Court holding respondent entitled to emoluments (a) R s. 1,400 p. m: in addition to his Army pension in terms of contract offered to him and accepted by him and to be not entitled to any other benefits and as such under liability to refund any amounts drawn by him in excess of his true entitlement Parties not able to resolve their dispute in spite of such final order and on demand being made to refund specified excess amount respondent filing writ petition High Court holding appropriate cause for respondent in such case being to seek further clarification on points raised by him from Supreme Court and adjourning writ petition sine die but respondent not moving Supreme Court for any clarifica¬tion in pursuance to High Court's order Eventually High Court ordering petitioner to hear respondent and decide dispute in light of Supreme Court's decision and .to submit a report to High Court ¬Order passed by High Court, held; eminently fair and no just and griev¬ance could arise in allowing respondent to be so heard. THIS JUDGMENT PASSED BY: MUHAMMAD AKRAM, JUSTICE:---.--- This is a petition for special leave from an order dated 31st of January 1979, passed by a learned Judge of the Lahore High Court at Lahore in Writ Petition No. 833 of 1977, filed by the respondent herein against the present petitioners. Briefly stated the dispute in this case relates to the fixation of the terms and conditions of service of the respondent Lt. Col. (Rtd.) :J. D. Malik, in his capacity as a member of the West Pakistan Co operative Board set up by the Provincial Government with effect from the 7th of May, 1962 in exercise of the powers conferred on it by section 3 of the West Pakistan (Co operative) Board Ordinance XIV of 1962 and the emoluments drawn by him ever since. In anticipation of the constitution of the Board, Mr. Riazuddin Ahmad, the then Commissioner, Co operative Societies, West Pakistan addressed a D. O. letter on the 16th of February, 1962, to the respondent who was at the time…

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