Law:

Section:

(a) Government servant--- ----Seniority-Rules-Whether and when may be subjected to interpretation by Courts-Writ-Mandamus--­Not ordinarily suitable for determining questions of seniority Constitution of Pakistan (1956), Art. 170. Service conditions of Government servants are required by the Constitution to be made the subject of express rules, and there are sets of rules applicable to all Services including the Provincial Forest Service Class 1. It was provided by the late Government of India Act of 1935 that the Governor in respect of a Provincial Service had power to deal with the case of any officer subject to the rules, as to him may seem fit accord­ance with justice and equity, provided that the officer should not be treated less favourably than the rules in terms required. That may, and should be interpreted as a provision reserving to the Governor the power of final application of the rules, so that it would be only in a rare case that the assistance or intervention of the Court should be required, for such application. To determine questions of seniority is ordinarily not a purpose for which a writ of mandamus can be regarded as suitable. Where Government had given contrary decisions affecting the seniority of three contesting officers: Held, that it was a proper case for the provisions of assistance by the Courts in giving a definitive interpretation of the relevant instruments. (b) Special leave to appeal to Supreme Court---- ---Granted on ground that permanent nature of service of petitioner had not received sufficient attention in of High Court in fixing seniority­ Constitution of Pakistan (1956), Art. 160. (c) Punjab Government Service (War) Amendment Rules, 1943------ ---r. 6 read with r. 3-Rules still in force-War service candidates­ Preference in filling vacancies ; rights as to age ; qualifications and .seniority ; kept intact-Termination of operation of r. 3 does not affect operation of other rules. Held, that the impression that the Punjab Government Service (War) Amendment Rules, 1943 had ceased to have statutory effect after the 1st January, 1946, the date of termination of operation of rule 3, is without foundation. The Rules as a whole…

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