Law:

Section:

Punjab Government Service (War) Amendment Rules, 1943-------R. 6---Constitution of Pakistan (1973), Art 199---Constitutional petition---Petitioner was appointed in Irrigation Department against war vacancy---Prior to petitioner, respondent was appointed as non-war service candidate ---Petitioner was given war service benefits in terms of provisions of the Punjab Government Service (War) Amendment Rules, 1943. regarding seniority---Respondent was subsequently confirmed prior to petitioner--­Petitioner's representation was accepted in view of law laid down by Supreme Court on the scope and effect of said Rules of 1943 and petitioner was given seniority as against respondent---Chief Engineer having withdrawn benefits of war service without hearing the petitioner, High Court declared the impugned order to be illegal without lawful authority and of no legal effect. Manzoor Ahmad v. Province of Punjab PLD 1961 SC 166 ref. Muhammad Ghani for Petitioner. M. Nasim Kashmiri, Addl. A.-G. with Ashiq Hussain Hashmi, Circle Superintendent for Respondents. Date of hearing: 31st October, 1996. JUDGMENT The admitted facts involved in the present petition are that .the petitioner rendered war service from 2-10-1941 to 31-3-1-1946. He was appointed on 9-8-1946 as Assistant Clerk to the Irrigation Department against war vacancy. Prior to that respondent No. 4 was appointed as Assistant Clerk on 1-4-1943 as a non-war service candidate. The petitioner was given war service benefits in terms of tile provisions of the Punjab Government Service (War) Amendment Rules, 1943 and was treated to have been inducted in service on 20-2-1942. Subsequently respondent No. 4 was confirmed as Assistant Clerk with effect from 1-4-1944 while the petitioner was confirmed as Assistant Clerk with effect from 15-8-1947. 2. The petitioner filed a representation that he should be given seniority as a confirmed Assistant Clerk with effect from 21-2-1943 by giving him the war service benefit and he should be treated senior to respondent No. 4. This representation was not decided but kept pending because in the meantime the matter came up before the Hon'ble Supreme Court on the scope and effects of the…

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