| Citation(s) |
|---|
| 1992 SLG 428 1992 SLD 428 1992 PLD 869 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal No.718-L, 758-L to 768-L, 825-L to 834-L, 836-L to 847-L, 862-L to 867-L and 918-L of 1991, decision dated: 21st June, 1992. (On appeal from the judgment/orders of Lahore High Court, Lahore dated 19-5-1991 passed in Wri
SHAFIUR RAHMAN AND ABDUL SHAKURUL SALAM, JJ
Dr. A. Basit, Advocate instructed by M. A. Qureshi, Advocate-on-Record (in C.Ps. Nos. 759-L, 763-L, 764-1, 825-L, 826-1, 833-L, 834-1 and 836-1 of 1991). Talat Farooq Sheikh, Advocate instructed by S. Abul Aasim Jaferi, Advocate-on-Record (in V,Ps. Nos.
Civil Petitions for Leave to Appeal No.718-L, 758-L to 768-L, 825-L to 834-L, 836-L to 847-L, 862-L to 867-L and 918-L of 1991, decision dated: 21st June, 1992. (On appeal from the judgment/orders of Lahore High Court, Lahore dated 19-5-1991 passed in Wri
SHAFIUR RAHMAN AND ABDUL SHAKURUL SALAM, JJ
Dr. A. Basit, Advocate instructed by M. A. Qureshi, Advocate-on-Record (in C.Ps. Nos. 759-L, 763-L, 764-1, 825-L, 826-1, 833-L, 834-1 and 836-1 of 1991). Talat Farooq Sheikh, Advocate instructed by S. Abul Aasim Jaferi, Advocate-on-Record (in V,Ps. Nos.
THE REGIONAL COMMISSIONER OF Income Tax CENTRAL REGION, LAHORE and others
VS
ZAFFAR HUSSAIN and others
Law:
Section:
(a) Civil service------ Constitution of Pakistan (1973), Arts.212 & 199---Service Tribunals Act (LXX of 1973), S.4---Termination of services of ad hoc appointees--Jurisdiction of High Court in service matters---Extent---Leave to appeal was granted to consider and examine related questions---Whether the Constitution Petitions by ad hoc appointees challenging termination of their ad hoc appointments were not barred by Art.212 of the Constitution. Per Abdul Shakurul Salam, J. contra.--- Per Abdul Shakurul Salam, J.-- (b) Law- ---- Law is for the welfare of the people and is not intended to harass and deprive them of what they have unless they were amiss or that was for general good. (c) Interpretation of statutes--- ---- Any interpretation of law true: to its essence must penetrate to the bottom rock of truth and not lost in letter; of law---Interpretation which tends to sanctify obvious vengeance, especially when it falls on poor people, was neither just nor right interpretation but annihilation of law. (d) Constitution of Pakistan (1973)--- ' ----Art.48(5)(b)---Care-taker Government---Duties and functions---Care-taker governments have to be impartial to everybody-, including their rivals of opponents in the political fields. M. Aftab Iqbal Chaudhree, Deputy Attorney-General, instructed hvGulzar Hassan, Advocate-on-Record for Petitioners (in all Petitions). ORDER SHAFIUR RAHMAN, J.---These 41 petitions arise out of a decision of the Lahore High Court dated 19-5-1991 whereby by a consolidated judgment a number of writ petitions on the same subject were disposed of. 2. The respondents were all ad hoc appointees to civil posts in the Federation awaiting regular appointments on those posts. Pursuant to the Cabinet decision their services were terminated. They approached the High Court by Constitution petitions challenging the termination of their appointment. Three grounds which prevailed in assuming jurisdiction by the High Court and granting the relief to the writ petitioners were as hereunder:- "(i) In all these cases the impugned orders were not passed by departmental authority within the contemplation of the above explanation. The orders have been simply…
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