Law:

Section:

(a) Writ-Mandamus----- ----Does not lie to re-instate Government servant to office-Constitution of Pakistan (1956), Art. 170-­Government of India Act, 1935, Ss. 240, 241-Prescribe procedure for removal of Government servants-Do not compel Government to retain servants against Government's will. A writ of mandamus does not lie to restore a Government servant to office for, even though he may be holding a public office, his office does not fall within the nature of the offices to which restoration can be compelled by this extraordinary remedy. A mandamus will not be granted if the party complained of has power which would enable him to make the order inoperative. A mandamus will not lie to compel restoration to any or every kind of public office. The cases in which the English Courts have invoked this extraordinary power for compelling restoration by writ of mandamus are all cases of offices which are either corporate or elective offices or municipal positions. In England no Court "could possibly compel the restoration to office of any public servant in the service of the Crown, for, all such servants of the Crown hold office during the pleasure of the Crown, and no Court in England would presume to command the Crown. Even for other offices, the tenure of which is precarious or dependent on the will of another, a mandamus would not lie to compel restoration to such offices. The respondents herein held office during the pleasure of the State and were removable from office by the State. The fact that sections 240 and 241 of the Government of India Act, 1935, curtailed that pleasure did not alter the nature of the service or impose any clear duty on the State to retain its servants in office against its will. They only cast a duty on the State not to remove them from service except by following the prescribed procedure. The State was free, however, to dismiss its servants by adopting that procedure. Thus even after an order of restoration it is open to the State to initiate proceedings the very next day for the dismissal of the servant concerned and render the order ineffectual. The Queen v. Mayor and Justices of Badmin (1892) L R 2 Q B 21 ref. Halsbury 3rd Edn.…

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