| Citation(s) |
|---|
| 1984 SLG 339 1984 SLD 339 1984 SCMR 35 |
Supreme Court of Pakistan
Civil Appeal No. K-56 of 1980, decision dated: 24-08-1983 (On appeal from the judgment dated 30-4-1979 of the High Court of Sind, Karachi in C. P. No. 573 of 1979)
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH, SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ
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Civil Appeal No. K-56 of 1980, decision dated: 24-08-1983 (On appeal from the judgment dated 30-4-1979 of the High Court of Sind, Karachi in C. P. No. 573 of 1979)
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH, SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ
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MRS. MUNAWAR SANNI--Appellant
VS
. DIRECTOR, ARMY EDUCATION--Respondent
Law:
Section:
Constitution of Pakistan (1973)--- Art. 185(3)-Civil Services-Salary---Deputy Attorney-General stating before Court that in his opinion civil servant was entitled in law to receive arrears of pay for period in dispute-Civil secant's counsel welcoming statement and expressing desire not to press appeal but would take up matter with relevant departmental authority---Appeal disposed of accordingly. [civil service] Khalid M. Ishaq, Advocate Supreme Court for Appellant. Khalid Latif, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record for Respondent No. 1. Aziz A. Munshi, Deputy Attorney-General for Respondent No. 2. Saeed Khan, Advocate Supreme Court and Faizan-ul-Haq, Advocate-on-Record for Respondent No. 3. Date of hearing: 24th August, 1983. JUDGMENT NASIM HASAN SHAH, J.-The appellant was a permanent Assistant School Mistress in the Cantonment Public School, Quetta when her services were terminated by the Cantonment Board, with effect from 4-4-1966: She assailed the legality of the aforesaid order of termination by filing a Writ Petition (W. P. No. 69 of 1972) before the Karachi Bench of the erstwhile High Court of West Pakistan at Karachi. The writ petition was allowed by a judgment dated 13-11-1975 by a Division Bench of the Sind Baluchistan High Court with the result that the order of termination was held as illegal and without lawful authority. In consequence thereof, an office order dated 22-8-1977 was issued by the Director, Federal Government Educational Institutions, Rawalpindi, to the effect that the appellant shall stand re-instated in service with effect from 4-4-1966 and that the arrears of pay due to her between the period from 4-4-1966 to 31-5-1975 (i. e. the period before the nationalisation of Schools) shall be paid by the Cantonment Officer, Quetta and the other arrears from 1-6-1975 till date (i. e. upto 18-9-1977) shall be paid by the Federal Government Public High School, Quetta. 2. The appellant, accordingly, was reinstated in service from 19-9-1977 and was also paid the arrears of salary from 4-4-1966 to 31-5-1975 by the Chairman, Cantonment Board, Quetta. As for the arrears of salary from 1-6-1975 to 18-9-1977, which were to…
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