| Citation(s) |
|---|
| 1965 SLG 61 1965 SLD 61 1965 PLD 106 |
Supreme Court of Pakistan
Civil Appeal No. 27 of 1964, decision dated: 12th November 1964. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 12th November 1962, in Writ Petition No. 149 of 1962/Civil Miscellaneous Nos. 168/5 and 167/C of
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B.. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Rustam S. Sidhwa Advocate Supreme Court instructed by Ijaz Ali Attorney for Appellants. S. M. Zafar Senior Advocate Supreme Court (Shaukat Ali Khawaja Advocate Supreme Court with him) instructed by Munir Ahmad Attorney
Civil Appeal No. 27 of 1964, decision dated: 12th November 1964. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 12th November 1962, in Writ Petition No. 149 of 1962/Civil Miscellaneous Nos. 168/5 and 167/C of
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B.. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Rustam S. Sidhwa Advocate Supreme Court instructed by Ijaz Ali Attorney for Appellants. S. M. Zafar Senior Advocate Supreme Court (Shaukat Ali Khawaja Advocate Supreme Court with him) instructed by Munir Ahmad Attorney
(1) GOVERNMENT OF WEST PAKISTAN, THROUGH SECRETARY, IRRIGATION, COMMUNICATION AND WORKS DEPARTMENT, LAHORE AND (2) THE ACCOUNTANTGENERAL, WEST PAKISTAN, LAHORE
VS
NASIR M. KHAN AND OTHERS
Law: Punjab (Gazetted) Civil Services (Revision of Pay) Rules 1951
Section: 8,11,11A
Law: Constitution of Pakistan, 1962
Section: 178(3)
Law: Civil Service Rules
Section: 4.7,4.9
(a) Constitution of Pakistan (1962), Art. 58-Leave to appeal to Supreme Court-Granted where case involved interpretation of certain Service Rules and as decision thereof was likely to affect large number of Government servants. (b) Constitution of Pakistan (1962), Art. 98-Reply by Government filed in answer to Government servants' petition re. claim to certain rates of increment applicable to pay, and admissions made by Government's counsel before High Court-Reply as filed, represented by Government, as having been sent to Court "by mistake", instead of an amended reply which was intended to be sent-Counsel's admission said to have been made under misapprehension" and claimed to be not binding on Government, being a concession on a point of law-Supreme Court allowed interpretation of relevant Rules, applicable to case to be canvassed before it on merits-(Practice) - Civil Procedure Code (V of 1908), O. VI, r. 17. (c) Constitution of Pakistan (1962), Art. 98-(Government servant)-Service Rules not in existence-Letters issued by executive authorities regarding service matters, increment, etc. cannot take the place of "properly framed Rules". (d) Constitution of Pakistan (1962), Art. 178(3) read with Art. 98 and rules 4'7, 4-9, Civil Service Rules, Punjab, Vol. 1, Part I (Government servant)-Temporary Assistant Engineers appointed as officiating Executive Engineers-No specific rules in existence governing rate of increment during officiating charge-Rules 4'7, 4'9, Civil Service Rules, Punjab, Vol. I, Part I, held, applicable Government servant's "constitutional right" to existing terms and conditions of service protected under Art. 178 (3)-Rules cannot be changed with retrospective effect-New r. 8-A, Punjab (Gazetted) Civil Services (Revision of Pay) Rules, 1951 added on 4-3-1963 and given by Government retrospective effect from 1-1-1950, held, to be ineffective re. period of retrospection. JUDGMENT S. A. RAHMAN, J.-This is an appeal by special leave from an order of the High Court of West Pakistan, passed on a petition of the respondents, in writ jurisdiction. The respondents succeeded in obtaining the direction they had asked for from the High Court and the…
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