Law:

Section:

(a) Writ - Mandamus----Writ of "discretion" - Lashes -Writ applied for 12 years after cause for complaint arose­ Refused-Constitution of Pakistan (1956), Art. 170. (b) Writ--Mandaraus-Writ not available for obtaining "expedition" of orders by Government in administrative matter ­Constitution of Pakistan (1956), Art. 170. (c) Government servant---Seniority-Statutory rules non-exist­ent-Government "directions" and "principles" followed from time to time of `fluid character" --Government's power to vary its previous orders "undoubted"-Supreme Court declined to interfere by mandamus with placements of' officers in seniority list-­Mandamus issued against Government only in case of "clear" violation of something "having force of law"--Constitution of Pakistan (1956), Art. 170-[Pakistan v. Abdul Hamid P L D 1961 S C 105 ref.]. JUDGMENT CORNELIUS, C. J.------In this Writ Petition, the petitioners are a group of members of the Pakistan Police Service who were appointed as the result of an examination held in the year 1949. They may be described as the Competitioner Group. The respondents are firstly, the State of Pakistan, and with it, twelve members of the same Service, who were appointed other­wise than by examination, and are the "ad hoc" appointees. The claim is for a writ of mandamus, addressed to the State, com­manding the State,- (i) not to treat the ad hoc appointees as members of the Pakistan Police Service ; (ii) to cancel the orders whereby the act hoc appointees have been given seniority above the Competitioner Group ; and (iii) to make orders on the representations by the Competi­tioner Group, levelled against the said orders, which have been pending for many years. Mandamus is a writ of discretion. The ground on which the Group asks the Court to declare that the ad hoc appointees were never validly appointed is a purely technical one, namely that at the time of their appointment the latter had exceeded the age limit of 24 years laid down in the Indian Police Service (Recruitment) Rules, 1927, which with necessary modifica­tions are still in force. Reference was made to a memorandum issued by the Cabinet Secretariat in June 1950, permitting that 60% of…

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