Law:

Section:

(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ---S.17(1-A) & 17(c) [inserted by West Pakistan Water and Power Development Authority (Amendment) Ordinance (LXXII of 1979)]---Pakistan Essential Services (Maintenance) Act (LIII of 1952), S.6---Government Order No. F.C.(B&F)/37-9/VOl.IX/ 2792-2942, dated 25-7-1979---Removal from service--­Appellant who was removed by Authority under S. 17(1-A) of WAPDA Act, 1958 asked for retirement/pensionary benefits on basis of Authority's office order dated 25-7-1979---Respondent refusing claim of appellant on ground of General Manager's letter dated 4-8-1982, in response to pension papers of appellant sent to him, laying down that WAPDA employees removed under S. 17(1-A) of WAPDA Act were not entitled to pensionary benefits---Power given to Authority, whatever that power be, could be exercised regardless of anything contained in subsection (1) of S.17 of the Act or any rule, orders or instructions made or issued by the Authority or in the terms and conditions of service of 'any person employed by' or 'serving under the Authority---Provisions of subsection (1-A) gave an option to the Authority either to retire or remove from its service--­Appellant being an employee of Authority, even if the expression 'may retire or remove from its service, may be assumed to have referred to the words 'any person' preceding it, both the powers of retirement as also removal from its service, will be available to it in respect of those employed by it---'Any person' even if it is the one which precedes, was the attribute of both the powers 'may retire' or 'remove from its service---Expressions apply independently of each other to the words 'any person'---Authority thus had every justification to disregard the appellant's application for pensionary benefits. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ----S. 17(1-A)---Phrase 'or in the terms and conditions of service of any person employed by or serving under the Authority' in S. 17(1-A) has to be read as a whole as one expression in conjunction with the phrase "notwithstanding anything contained" occurring in the earlier…

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