Law:

Section:

Government servant-----Member of Secretary of State's Services­ Right of appeal to Governor- General-In-Council from order of Local Government under r. 57 (1) (5) proviso, Civil Services (Classification, Control and Appeal) Rules-Continues to subsist Government of India Act, 1935, Ss. 241, 276-Indian Independence Act, 1947, Ss. 10 & 10-A-Constitution of Pakistan (1956), Art. 233 read with Art. 224 (1)-"Individual " of Governor­ General replaced, in new context, by "Governor-General acting upon advice of Ministers"--Denial of right of appeal, by with­holding (by Provincial Government) of appeal and representation of Government servant, from being forwarded to Governor-General ­To be remedied by issue of mandamus and not by certiorari Constitution of Pakistan (1956), Art. 170-Certiorari to be issued in judicial or quasi-judicial cases and not in administrative cases. Under rule 57 (1) of the Civil Services (Classification, Control and Appeal) Rules a member of an All-India Service could "appeal from the order of a Local Government to the Governor­ General-in-Council and from an order, original or appellate, of the Governor-General-in-Council to the Secretary of State-in­ Council." Under the first proviso to sub-rule (5) of rule 57 even a member of a Provincial Service, if he was a person who had been appointed by the Secretary of State-in­ Council, was "entitled as an alternative to the appeal to the Governor to appeal to the Governor-General-in-Council, and if his pay as defined in the Fundamental Rules was not less than Rs. 500 per mensem, thereafter to the Secretary of State-in ­Council." The Government servant in the present case was a person appointed by the Secretary of State-in-Council and was at the relevant time drawing much more than Rs. 500 per mensem, therefore, under the Civil Services (Classification, Control and Appeal) Rules, he had clearly a right of appeal to the Governor­ General-in-Council even if he was employed in the Provincial Service. By reason of the provisions of section 241, Government of India Act, 1935, his position was not materially altered. No new Rules having been framed under the Government of India Act, 1935, the Civil…

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