| Citation(s) |
|---|
| 1981 SLG 2099 1981 SLD 2099 1981 PLC 187 |
Sindh High Court
Constitutional Petition No. D-100 of 1971, decided on 11th December, 1980.
NAIMUDDIN AND B. G. N. KAZI, JJ
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Constitutional Petition No. D-100 of 1971, decided on 11th December, 1980.
NAIMUDDIN AND B. G. N. KAZI, JJ
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MUHAMMAD RAFIQ KHAN GHORY
Verses
GOVERNMENT OF SIND AND 3 OTHERS
Law:
Section:
(a) Province of West Pakistan (Dissolution) Order, 1970 [P. O. 1 of 1970]-- ---Art. 20 read with Letter No. SORI (S&GAD) 5.9/1970 dated 12th May, 1970-Allocation of petitioner and contesting respondent made pursuant to orders of President passed under Art. 20 of Order-Letter of Chief Secretary to Government of West Pakistan dated 19th May, 1970 regarding implementation of decisions as to allocation of personnel, showing administrative structure for new provinces as recommended by One Unit (Re-organization) Committee having been approved by President and criterion for allocation of officials being reversion of pre-integration recruits to province in which originally recruited while post integration recruits to be allocated to province of domicile contesting respondent having been initially recruited in Government service in Province of Sind, question of his domicile, held, of no importance where his allocation to Province of Sind concerned. (b) West Pakistan Administration (Merger of Federal Territory of Karachi), 1961 [P. O. No. 9 of 1961]- -- Art. 8-Respondent serving under Federal Government before merger of Province and not treated as surplus, held, deemed to be serving under Government of West Pakistan from date of merger. K. H. Bhatti for Petitioner. Abbas Farooqui for Respondents Nos. 1 and 2. Nasrullah Awan for Respondent. No. 3. Khalil Ramday, Asstt. A.-G. for Respondent No. 4. Dates of hearing : 30th September and 9th December, 1980. JUDGMENT B. G. N. KAZI, J.--The petitioner seeks to challenge the allocation to Province of Sind of respondent No. 3 on the dissolution and disintegration of the Province of West Pakistan by the then Government of West Pakistan and Director of Labour Welfare West Pakistan in whose place as successors he has named the Government of Sind and the Director of Labour, Sind as respondents 1 and 2. He also prays for a declaration that respondent 3 who was domiciled in Bahawalpur be sent back to the Province of Punjab and for the post of Deputy Director held by him the petitioner should be considered as eligible for promotion. On an application made on behalf of respondent No. 3 Secretary to the Government of Punjab,…
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