Case Details

Citation(s)
1996 SLG 624 1996 SLD 624 1996 PLC 654
Supreme Court of Pakistan
Civil Appeal No. 376 of 1994, decision dated: 31st January, 1996
SAIDUZZAMAN SIDDIQUI, MUKHTAR AHMAD, JUNEJO AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Ch. Ijaz Ahmed, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record (absent) for Appellants. A. Hamid Qureshi, Advocate-on-Record (absent)

CHAIRMAN, WAPDA, LAHORE and 2 others

VS

Maj. (Retd.) NISAR AHMED CHAIRMAN, WAPDA, LAHORE and 2 others Vs Maj. (Retd.) NISAR AHMED

Law:

Section:

(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ---S. 18---Pakistan Water and Power Development Authority Armed Forces Officers Induction/Re-employment Rules, 1980, R. 6(b)(i)---Constitution of Pakistan (1973), Art. 185(3)---Induction of Army Officers into WAPDA in terms of R. 6(b)(i), Pakistan WAPDA Armed Forces Officers Induction/Re­employment Rules, 1980---Subsequent change in Rules---Effect---Leave to appeal was granted to determine as to which Rules (amended or unamended) would apply to employee (respondent) when it was laid down in his appointment letter that he would be governed by Rules as prescribed from time to time. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ----S. 18---Pakistan Water and Power Development Authority Armed Forces Officers Induction/Re-employment Rules, 1980, R. 6(b)(i)---Induction of retired Army Officers into WAPDA in terms of R.6(b)(i) of the Rules of 1980--­Rule 6(c)(iii) of the Rules required retired officers of Armed Forces of the rank of Major or above re-employed in WAPDA for any period to opt either to be governed by their existing terms and conditions or by terms and conditions contained in new rules---Officer concerned exercised his option in writing to remain on contract basis on existing terms and conditions of re-employment--­Option having once been exercised, person concerned could not go back on it in the context of finality of consequences ensuing therefrom---Officer concerned was, thus, not entitled to benefit of unamended R. 6(b)(i) of the Rules. Secretary, Government of Punjab, Food and Cooperation Department v. Shamoon Bahadur PLD 1979 SC 835 rel. Secretary, Government of Punjab, Food and Cooperation Department v. Shamoon Bahadur PLD 1979 SC 835; MessrsMomin Motor Company v. The Regional Transport Authority, Dacca PLD 1962 SC 108 and The Chandpur Mills Ltd. v. The District Magistrate, Tippera PLD 1958 SC (Pak.) 267 ref. (c) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----S. 18---Pakistan Water and Power Development Authority Armed Forces Officers Induction/Re-employment Rules, 1980, Rr. 6(b)(i) & 6(c)(iii)---Re­…
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