| Citation(s) |
|---|
| 1958 SLG 161 1958 SLD 161 = 1958 PLD 185 |
Lahore High Court
Writ Petition No. 741 of 1957, decided on 22nd November 1957
M. R. KAYANI AND MASUD AHMAD, JJ
Sardar Muhammad Iqbal for Petitioners. S. A. Mahmood, Additional A. G. for
Respondents
Writ Petition No. 741 of 1957, decided on 22nd November 1957
M. R. KAYANI AND MASUD AHMAD, JJ
Sardar Muhammad Iqbal for Petitioners. S. A. Mahmood, Additional A. G. for
Respondents
MR. A. R. AZAR, Deputy Chief Engineer, West, NorthWestern Railway, Lahore and othersVs(1) THE FEDERATION OF PAKISTAN and (2) MR. A. S. FAROOQI, Director Civil Engineering, Railway Division Karachi s
Law: Pakistan Railway Establishment Code
Section: Vol. II, paragraph 2046
Law: Constitution of Pakistan, 1973
Section: 180
(a) Fundamental Rules, rule 56 (3)---Pakistan Railway Establishment Code, Vol. II, paragraph 2046-Compulsory retirement at 55 of Class 1 Officers-Order granting extension void-President has no option to retain superannuated officers in service-''Pleasure" of President-Extent-Expression mis�leading in the context of a democratic Constitution-Constitution of Pakistan, Art. 180-Rules cannot be modified by Cabinet's letter of instructions-Rules cannot be deemed to have been amended by President's order in a particular case-Invalid order of grant of extension, whether can operate as order of re-employment.Respondent No. 2, an officer belonging to Class I of the Pakistan Railway Services, was holding the post of Senior Administrative Officer and was due to retire on the 30th November 1956, By an order dated the 24th August 1956, issued under the authority of the President, he was granted extension of service for a period of one year with effect from the date of his compulsory retirement. Petitioners who were also officers belonging to Class I of the Pakistan Railway Services, challenged by a writ petition the order of grant of extension to respondent 2.Held, that the case of respondent 2, in the matter of compulsory retirement, was governed by clause (3) of rule 56, Fundamental Rules (Rule 56 being reproduced as para�graph 2046 in Pakistan Railway Establishment Code, Vol. II), and as he was a Class I Officer belonging to the Railway Services and was not holding the post of a Chief Engineer, he had to retire compulsorily on the 30th of November 1956, when he attained the age of fifty-five years and could not be granted extension even for a single day.The order of extension was therefore void.Further, that the President could not violate the Rules framed under the Constitution and pass any kind of order he pleased by relying on the argument that servants of the State under Art. 180, held office during the "pleasure" of the President."Pleasure" of the President can have application only so long as a person continues to hold office, subject, of course, to the other' provisions of the Constitution.In invoking this "pleasure", the rules which are to be framed under…