| Citation(s) |
|---|
| 1968 SLG 96 1968 SLD 96 1968 PLD 112 |
Supreme Court of Pakistan
Civil Appeal No. 114 of 1966, decision dated: 12th December 1967. (Or appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th April 1966, in Writ Petition No. 1352 of 3963).
A. R. CORNELIUS, C.J., S. A. RAHMART, FAZLEAKBAR HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Agha Abdul All Khan, Advocate Supreme Court instructed by Fazal Karim, Attorney for Appellant. Raja Said Akbar Khan, Advocate General West Pakistan (Aslam Riaz Hussain, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney.
Civil Appeal No. 114 of 1966, decision dated: 12th December 1967. (Or appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th April 1966, in Writ Petition No. 1352 of 3963).
A. R. CORNELIUS, C.J., S. A. RAHMART, FAZLEAKBAR HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Agha Abdul All Khan, Advocate Supreme Court instructed by Fazal Karim, Attorney for Appellant. Raja Said Akbar Khan, Advocate General West Pakistan (Aslam Riaz Hussain, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney.
Miss NASEEM JAHAN NAIM
VS
(1) THE GENERAL MANAGER (NOW VICECHAIRMAN), P. W. R., LAHORE, (2) THE DIVISIONAL SUPERINTENDENT, P. W. R., LAHORE, (3) THE DIVISIONAL PERSONNEL OFFICER, P. W. R., LAHORE, AND (4) MRS. S. OBAIDULLAH, HEAD MISTRESS, ST. AN
Law:
Section:
(a) Constitution of Pakistan (1962), Art. 179 (2) read with Arts. 177(l)(b) & 234, and Government of India Act 1935 S.240(3)-Railway temporary employee appointed against a permanent post indefinite in duration in 1955-Such employee's case held, did not fall under Art. 179 (2)-Constitution of 1962 riot retrospective either by express enactment or necessary implication.The appellant was appointed in 1954 in a temporary capacity as a physical instructress of the (Railway) St. Andrews School, Lahore, and in 1955 she, though temporary, was appointed against a permanent post indefinite in duration. In 1962, proceedings were drawn up against her for in subordination and in March 1963, she was discharged front service. It was contended that the appellant's case fell within Art. 179 (2), Constitution of Pakistan (1962) and therefore her services could be terminated on one month's notice: Held that the decision in Abdul Majid's case P L D 1965 S C 208 was fully applicable to the case and as such the appellant's case would not fall under Art. 179 of the Constitution. It was not possible to construe Article 1 792) as a repeal of the right enjoyed under the cold Constitution. Abdul Majid v. Mashaffe Ahmed P L D 1965 S C 208 rel. Ghulam Sarwar v. Pakistan P L D 1962 S C 142 and Noor-ul Haswn v. Federation of Pakistan P L 1) 1.956 S C 331 ref: The Constitution of 1962 was not retrospective either by express enactment or necessary implication. Zafarullah Khan v. Custodian of Evacuee Property P L D 1964 S C 865 ref. (b) Constitution of Pakistan (1962), Art. 177(1)(b)-Final decision removing Railway servant from service-Such decision taken without "any proper inquiry"-Decision held to be void, illegal and of no legal effect. (c) Constitution of Pakistan (1962), Arts. 177(1)(b) & 179 (2)Temporary Railway servant appointed against permanent post indefinite in duration-Removal "after inquiry" cannot be construed as a discharge on one month's notice ire accordance with terms of employment- [Capt. Muhammad Azhar v. Commissioner of Karachi and another P L D 1966 S C 253 and The Federation of Pakistan v. Mrs. A. V. Isaacs P L D 1956 S C 431 ref.]. JUDGMENT FAZLE-AKBAR, J.-This…
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