Law:

Section:

West Pakistan Railway Servants (Further Usefulness in Public Service) Rules, 1964------r. 4(i) proviso-Proviso not ultra vires ­Previous scrutiny of case of a person in 1959 under Public Conduct (Scrutiny) Rules-No bar to examination of case for compulsory retirement on completion of 26 years service, under proviso to sub-rule (1) of rule 4 of Nest Pakistan Railway Servants (Further Usefulness in Public Service) Rules, 1964. JUDGMENT FAZLE-AKBAR, J.-Special leave to appeal is sought by Qamar-ud-Din Siddiqui against the judgment and order of a 'Division Bench of the High Court of West Pakistan dismissing a writ -petition which he had filed challenging the orders of the authorities concerned compulsorily retiring him from the Railway service. He joined the Railway, service in July 1938. On 26-9-64, when he was officiating as Assistant Mechanical Engineer, he was asked to appear before a Committee to show cause why he should not be retired from service under the West Pakistan Railway Servants (Further Usefulness in Public Service) Rules, 1964. The Committee after hearing him recommended his retirement from service with effect from 12-12-64. The delegates (the Chairman and Member, Traffic) accepted the said recommendation and issued orders for his retirement from service. His appeal against the said orders was dismissed on 2-2-65. He then moved a writ petition in the High Court challenging the above orders on the ground that as he had completed 25 years' service on 21st July :1963, his case was not covered by rule 4(i) of the…

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