| Citation(s) |
|---|
| 1969 SLG 183 1969 SLD 183 1969 SCMR 74 |
Supreme Court of Pakistan
Civil Review Petition No. 35 of 1968, decision dated: 10th October 1968. (On review from the judgment and order of this Court, dated the 11th April 1968, in Civil Appeal No. 72 of 1967)
FAZLEAKBAR, C.J. AND HAMOODUR RAHMAN, J
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Civil Review Petition No. 35 of 1968, decision dated: 10th October 1968. (On review from the judgment and order of this Court, dated the 11th April 1968, in Civil Appeal No. 72 of 1967)
FAZLEAKBAR, C.J. AND HAMOODUR RAHMAN, J
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KARAMATULLAH KHAN
VS
GOVERNMENT OF WEST PAKISTAN
Law:
Section:
Constitution of Pakistan (1962)--------Art. 62 and Supreme Court Rules, 1956, O. XXVI-Review-Grievance that Government not inclined to give effect to decision of Supreme Court and petitioner, therefore, seeking review claiming that his individual case be decided on its own merits-Held: Review was misconceived on such ground as the was clear and unambiguous and therefore needed no further clarification merely because those charged with duty of giving effect to it chose to misinterpret or misread it. Petitioner in person. Nemo for Respondent. Date of hearing : 10th October 1968. JUDGMENT HAMOODUR RAHMAN, J.-This petition seeks the review of a judgment delivered by this Court on the 11th April 1968, in a number of appeals flied by the Government of West Pakistan and other Provincial Authorities concerned, for challenging a consolidated judgment of the High Court of West Pakistan whereby a number of writ petitions filed by employees of the Provincial Government either in the General Administration or in the Railway Department to call in question their compulsory retirement- from service, were allowed and the orders of retirement declared unlawful. Special leave to appeal was granted by this Court in all these cases as questions of construction of the Constitution and certain relevant rules were raised. The appeals were heard together as common questions, of law arose for consideration and after examining the above questions of law this Court came to the conclusion that the High Court had rightly declared the orders of Government unlawful. The appeals were, therefore, dismissed with costs. After the decision was announced in this Court the petitioner, who was a respondent in one of these appeals, submitted an application on the 12th April 1968, praying that this Court might when recording its detailed judgment also deal with each individual case before it on its own merits and decide in respect of the petitioner in particular, two questions namely, (f) that the petitioner had a legal right to the payment of salary as on duty from the date of his illegal retirement from service, and (ii) that the action against the petitioner had been taken mala fide. As this Court,…
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