Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 212-Martial Law Instructions [M. L. A. `Zone A's] No. 21Provisional Constitution Order (1 of 1981), Art. 15(2)-Civil service--Leave to appeal granted to consider question of law as to whether or not case of civil servant (respondent) was hit by Art. 15(2), Provisional Constitution Order, 1981.-[Civil service]. (b) Provisional Constitution Order (1 of 1981) - Art. 15(2)-Martial Law Instructions [M. L. A. Zone WSJ No. 21 - West Pakistan Tehsildari and Naib-Tehsildari Service Rules, 1962, rr. 13, 2(13), 5(1)(11) & 8-Punjab Civil Servants (Change in Nomenclature and Abolition of Classes) Rules, 1974, r. 7 - Requirement contained in r. 2(13)(b)(v) of Rules, 1962 not abolished by r. 7, Punjab Civil Servants (Change in Nomenclature and Abolition of Classes) Rules, 1974--Appointment made without relaxation of requirement of r. 2(13)(b)kv) as provided by r. 13 of Rules, 1962, fell within purview of Martial Law Instruction (M. L. A. `Zone A.'s) No. 21-Order passed in pursuance of recommendation of Review Board constituted under said M. L. I. No. 21 in respect of such appointment, held, immune from being called in question in any Court on account of provisions of Art. 15(2), Provisional Constitution Order, 1981.-[Civil service]. (c) West Pakistan Tehsildari and Naib-Tehsiidari Service Rules, 1962 -- Rr. 5(1)(11) & 2(13)(b)(v)-Appointment as Tehsildar-Relaxation of conditions in r. 2(13)(b)(v) though based on erroneous view yet not appearing to have been made on political or any extraneous grounds but with a view to reward an efficient official-Reversion--Favourable consideration by Government in case of such employee, urged by Supreme Court.-[Civil service]. JUDGMENT NASIM HASAN SHAH, J.-This appeal, by leave of this Court, is directed against the judgment of the Punjab Service Tribunal, Lahore, dated 18-10-1981. The relevant facts are that respondent Syed Muhammad Akram Shah joined the office of the Deputy Commissioner, Gujrat in the year 1946 as a Clerk. After holding various posts (including Assistant Colony Clerk, Sadar Wasil Baqi Nawis and District Revenue Accountant) he was appointed as District Nazir. His record…

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