Law: Establishment of West Pakistan Act, 1955

Section: 8

Law: Constitution of Pakistan, 1956

Section: 181

(a) Constitution of Pakistan (1956), Art. 181--Specialist's post mentioned in Cadre of P. H. S. Class I-Appointment of Specialists, held to be in cadre of such service. (b) Establishment of West Pakistan Act, 1955, S. 8(3 proviso (b)-Specialists appointment made after coming into force of Act-Proviso (b) inapplicable though couched in "wide terms"-High Court's order setting aside, by mandamus, Government order of transfer of such appointee, from one station to another, without his consent, upheld by Supreme Court, in circumstances of case (per Kaikaus, J., S. A. Rahman, Fazle Akbar, Hamoodur Rahman, JJ. agreeing; Cornelius, C. J preferring to look at matter as one falling within regulation of an established service, rather than as a case of "special contract"-­"Instructions" issued by Government in connection with post, not less binding upon Governments, than if such instructions were incorporated in Rules of service)-[Post of Medical Superintendent, Mental Hospital, Lahore]. Per Kaikaus, J., (S. A. Rahman, Fazal-e-Akbar, Hamoodur Rahman, JJ. agreeing)-The proviso (b) to section 8 (3), Establish­ment of West Pakistan Act, 1955 applies only to a post which was being held "on the appointed day" and it is only the conditions of appointment in the "specified territory" that cannot be a bar to the transfer of a civil servant: This proviso will have no application to an appointment made after the appointed day when the West Pakistan Province had come into existence nor has the proviso any force in doing away with the terms and conditions which were operative not in the "specified territory", but in the Province of West Pakistan. As a holder of a post which came into existence after the appointed day the appointee was not affected by the proviso under consideration. Cornelius, C J. preferred to look at the matter in a slightly different light, that ;s to say, rather as one falling within the regulation of an established, service, than as a case of a special contract. In his Lordship's view, the effect of the letter of the 30th July 1956, which related to all "professors and other specialists recruited for particular institutions" coupled with the action taken…

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