| Citation(s) |
|---|
| 1981 SLG 626 1981 SLD 626 1981 SCMR 1178 |
Supreme Court of Pakistan
Civil Appeal No. 55 of 1979, decision dated: 20-12-1980.(On appeal from the order dated 17-9-1978 of the N: W. F. P. Service Tribunal in Appeal No. 2 of 1977)
ANWARUL HAQ, C.J., DORAB PATEL, MUHAMMAD HALEEM AND FAKHRUDDIN G. EBRAHIM, JJ
Shahzad Jehangir, Advocate Supreme Court instructed by Sh. Salah-udDin, Advocate-on-Record (absent) for Appellant. S. M. Zafar, Senior Advocate Supreme Court, Abid Hussain, Advocate Supreme Court and M. A. Siddiqui, Advocate-on-Record for
Respondent.
Civil Appeal No. 55 of 1979, decision dated: 20-12-1980.(On appeal from the order dated 17-9-1978 of the N: W. F. P. Service Tribunal in Appeal No. 2 of 1977)
ANWARUL HAQ, C.J., DORAB PATEL, MUHAMMAD HALEEM AND FAKHRUDDIN G. EBRAHIM, JJ
Shahzad Jehangir, Advocate Supreme Court instructed by Sh. Salah-udDin, Advocate-on-Record (absent) for Appellant. S. M. Zafar, Senior Advocate Supreme Court, Abid Hussain, Advocate Supreme Court and M. A. Siddiqui, Advocate-on-Record for
Respondent.
JEHANZEB KHAN
VS
WATER AND POWER DEVELOPMENT AUTHORITY THROUGH IT‘S CHAIRMAN
Law:
Section:
West Pakistan Water and Power Development Authority Act (XXXIOF 1958)--S. 17 (1-A), (1-B) [added by West Pakistan Water and Power Development Authority (Amendment) Act (LXXXIV of 1975) and West Pakistan Water and Power Development Authority (Amendment) Ordinance (LXXII of 1979)] read with Employees of the Pakistan Water and Power Development Authority (Allocation to Provinces) Order, 1979 [P. O. 24 of 1979],Art. 2-Appellant an employee of WAPDA serving in N.-W. F. Province on date of dissolution of Province of West Pakistan and retired compulsorily from service by WAPDA-Appellant, held, stood reverted to N.-W. F. 1'. under amended law and as such deemed to be a civil servant of N: W. F. P. JUDGMENT FAKHRUDDIN G. EBRAHIM, J.-This is an appeal under Article 212(3) of the Constitution of Islamic Republic of Pakistan (1973) from an order dated 17-9-1978 passed by the N. W. F. P. Service Tribunal Peshawar, dismissing the appeal of the appellant as incompetent. Briefly the facts are that the appellant was appointed as Assistant Engineer against a permanent post in Electricity Department under the then Government of West Pakistan on 3-4-1957. In 1958 the West Pakistan Water and Power Development Authority (hereinafter called the Authority) was established under the West Pakistan Water and Power Development Authority Act (XXXI of 1958). In exercise of the powers conferred by section 17 of the Act, the then Governor of West Pakistan by Notification No. A. D. S. E. C. I. C. W. 28-3/59 dated 28-5-1959 directed that all persons serving in whatever capacity in the Electricity Department of West Pakistan shall stand transferred for service under the Authority on and from 1-4-1959. Accordingly, the service of the appellant also stood transferred to the Authority. While in the service of the Authority, the appellant was on 21-5-1964 promoted to Class I. On the dissolution of Province of West Pakistan the Authority established under the West Pakistan Water and Power Development Authority Act, 1958 continued to function under the said Act subject to the modifications made by Article 12 of the President's Order No. 1 of 1970. Thereafter the appellant was promoted as…
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