Law: Establishment of West Pakistan Act, 1955

Section: 8 (3)

Law: Government of India Act, 1935

Section: 241 (2) (b)

Government servant-----Terms and conditions of service�-Prospects of promotion included in phrase-Allocation of Government servant to a particular Branch of P. W. D. affecting prospects of promotion-Case for exercise of writ jurisdiction-Establishment of West Pakistan Act, 1955. S. 8 (3) -Government of India Act, 1935, S. 241 (2) (b)-Rules of Business N. W. F. P. Government, r. 28-Rules made without approval of Government, ultra vires.In the North-West Frontier Province, there was a joint cadre of the Buildings and Roads Branch and the Irrigation Branch of the P. W. D. In anticipation of the integration of the Province into the West Pakistan Province, the Depart�ment was split into two separate cadres: Buildings and Roads, and Irrigation and options were invited as to which of the Branches each officer would prefer to join. The petitioner opted for the Roads and Buildings Branch but was allocated to the Irrigation Branch against his consent by order of the Chief Minister without reference to the Governor. The petitioner maintained that this affected his prospects of promotion in the services.Held, that it was not made clear whether these orders had been passed under any authority relatable to the Estab�lishment of West Pakistan Act, 1955, and the various orders connected with integration. If, however, they were so passed and the case fell under the Establishment of West Pakistan Act, 1955, then section 8, subsection (3) guaranteed to all civil servants such terms and conditions as will not be less favourable than the terms and conditions admissible to them immediately before the 10th of August 1955.Further, that prospects of promotion are included in the terms and conditions of service.Writ Petition No. 508 of 1956 fol.If, however, the decision was to be regarded as a decision taken by the North-West Frontier Province Government before integration, then section 241 of the Government of India Act, 1935 was applicable, and rules prescribed in the conditions of service could be made or altered under subsection (2) by the Governor or by some person authorised by .him to make such rules. The present order was passed by the Chief Minister without reference to…