Law:

Section:

(a) Lahore Development Authority Act (XXX of 1975)--- ----S. 45---Lahore Development Authority (Appointment and Conditions of Service) Regulations, 1978, Regln: 1---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Lahore Development Authority (Appointment and Conditions of Service) Regulations, 1978 framed under S. 45, Lahore Development Authority Act, 1975 came into force on 16-4-1978---Petitioner having joined service of Lahore Development Authority with effect from 16-6-1977, prior to the enforcement of Lahore Development Authority (Appointment and Conditions of Service) Regulations, 1978, such Regulations were not applicable to him as they were not effective with retrospective effect---Termination of petitioner's service on that count was, thus, not sustainable. Muhammad Yousaf Khan and others v. Pakistan Western Railway through Vice-Chairman, P.W.R. and others 1972 SCMR' 1; Pakistan and another v. Naseem Ahmad PLD 1961 SC 445; The State of Pakistan and another v. Mehrajuddin PLD 1959 SC (Pak.) 147; Pakistan v. Mrs. A.V. Isaacs PLD 1970 SC 415 and The Administrator, Thai Development/Chief Secretary and another v. Mahboob Ali Khan 1986 SCMR 1927 ref. Muhammad Yousaf Kurd and others v. Secretary, Board of Revenue and. others 1982 SCMR 644 and Khan Faizullah Khan v. Government of Pakistan through the Establishment Secretary, Cabinet Secretariat and another PLD 1974 SC 291 rel. (b) Lahore Development Authority (Appointment and Conditions of Service) Regulations, 1978--- ----Regulations were not retrospectively applicable. (c) Constitution of Pakistan (1973)---- ----Art. 199---Scope--Contractual obligations could not be enforced through Constitutional jurisdiction. (d) Specific Relief Act (I of 1877)---- ----S. 42---Constitution of Pakistan (1973), Art. 199---Implementation of decree of Civil Court by the Authority---Once a declaration had been granted by Trial Court, Authority concerned was bound to take consequential steps by implementing such declaration in letter and spirit. Principal, Cadet College, Kohat v. Muhammad Shoab Qureshi PLD 1984 SC 170 ref. (e) Lahore Development Authority (Appointment and Conditions of Service) Regulations,…

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