Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)---   ---S. 42---Civil service---Suit for declaration---Maintainability---Suit having concurrently been decreed by the Trial Court and Appellate Court, defendant/bank had filed revision against said concurrent and decree---Counsel for defendant/bank had not challenged merits of the case, but had only submitted that the suit was incompetent because reinstatement order could not have been passed as relationship inter se the parties was that of master and servant---Validity---Where the organization was controlled and run by the Government, the service of its employees would be governed by the statutory rules---Order of removal etc. of said employees if made against the rules or was illegal for any other reason, could be annulled by the Civil Court, while exercising its plenary jurisdiction---Impugned s and decrees being in line with law referred to by the counsel for the plaintiff, revision against said concurrent s and decrees was dismissed.    Muslim Commercial Bank Ltd. and 2 others v. Muhammad Umar Malik PLD 1993 Lah. 281; Sheik Rasheed Ahmad v. United Bank Limited and 3 others PLD 1987 Pesh. 144; Marghub Siddiqui v. Hamid Ahmad Khan and 2 others 1974 SCMR 519; Nazir Ahmad and 3 others v. Member (Admn.) Central Board of Revenue, Islamabad and 2 others 1992 PLC (C.S.) 450; Mushtaq Ahmad Ex-General Manager, Ittehad Chemicals Ltd. v. The Secretary to Government of Pakistan, Ministry of Production, Islamabad PLD 1994 Lah. 417; Muhammad Akhtar Shirani and others v. Punjab Text Book Board and others 2004 SCMR 1077; Rustam Ali Khan v. Allied Bank of Pakistan Ltd. Lahore and others 1990 SCMR 1544; Pakistan and others v. Public-at-Large and others PLD 1987 SC 304; Muhammad Ashraf v. Director-General, Multan Development Authority Multan and another 2000 PLC (C.S.) 796; Pakistan International Airlines Corporation (PIAC) through Chairman and others v. Nasir Jamal Malik and others 2001 SCMR 934; Muhammad Ikram v. Board of Intermediate and Secondary Education, Faisalabad through Chairman and 3 others 2008 CLC 766; Board of Intermediate and Secondary Education and others v. Khalil Ahmad and others 2008 SCMR 116 ref. JUDGMENT MIAN…

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