Law: Government of India Act, 1935

Section: 240(3),241(2),240

(a) Special leave to Appeal to Supreme Court----------Granted to consider whether Courts below had acted rightly in refusing to give effect to provisions of Departmental Manual-Constitution of Pakistan (1956), Art. 160. (b) Government servant-(Contract)----- ----Service not based on contract-(Exception : Railway servant)-[Postwar Resettlement Scheme (Technical Training service)-All appointments temporary terminable on one month's notice]. (c) Second appeal-(Question of fact or law)------ ---Misconception of Courts regarding nature of service of Government servant­ Mixed question of law and fact-High Court entitled to correct­ Civil Procedure Code (V of 1908), S. 100. (d) Government servant----- ----[Postwar Resettlement Scheme (Tech­nical Training service)]-(Training Manual)-Official publication ­Not mere "office instructions"-May be referred to, to discover conditions of service-Manual, whether published under S. 241, Government of India Act, 1935-Terms of service contained in Manual not necessary to bring to notice of individual employees--­[Civil Service Rules-Fundamental Rules]-[Pakistan v. Abdul Hamid P L D 1961 S C 105 ref.; Federation of Pakistan v. Fayyaz Ahmad P L D 1958 Lah. 500 and Ghulam Sarwar v. Pakistan P L D 1962 S C 142 distinguished]. (e) Pleadings------ ---Case not set up by plaintiff in plaint-Plain­tiff not entitled to rely on defendant's pleadings-Civil Procedure Code (V of 1908), O. VI. JUDGMENT CORNELIUS, C. J.-This appeal by the Central Government of Pakistan is brought by special leave to call in question a decree awarded to the respondent Abdul Ghani to the effect that termination of his services as a General Mechanic Instructor in the Technical Training Centre at Karachi by a moth's notice issued on the 23rd December 1948, was void and inope­rative. The decree was awarded by a Subordinate Judge at Karachi whose judgment contains the following findings, viz :- (1) in the absence of the letter of appointment, no reliance could be placed upon either a directive issued by the relevant department on the 16th April 1943, that appointments in the Technical Training Centre were temporary and terminable on one month's notice, or on a Training…

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