| Citation(s) |
|---|
| 1970 SLG 70 1970 SLD 70 1970 PLD 219 |
Supreme Court of Pakistan
Civil Appeals Nos. K-38 and K-39 of 1966, decision dated: 19th January 1970. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 28th October 1966, in Writ Petitions Nos. 1555 and 1557 of 1966)
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD, M. R. KHAN AND WAHIDUDDIN AHMAD, JJ
Talmiz S. Burney, Advocate Supreme Court instructed by A. Aziz M. Dastagir, Advocate-on-Record for Appellants (in both the Appeals). Kazi Akhtar Ahmad, Additional Advocate General West Pakistan (S. Murtaza Hussain, Advocate Supreme Court with him) instruc
Civil Appeals Nos. K-38 and K-39 of 1966, decision dated: 19th January 1970. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 28th October 1966, in Writ Petitions Nos. 1555 and 1557 of 1966)
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD, M. R. KHAN AND WAHIDUDDIN AHMAD, JJ
Talmiz S. Burney, Advocate Supreme Court instructed by A. Aziz M. Dastagir, Advocate-on-Record for Appellants (in both the Appeals). Kazi Akhtar Ahmad, Additional Advocate General West Pakistan (S. Murtaza Hussain, Advocate Supreme Court with him) instruc
MUHAMMAD YOUSUF
VS
(1) GOVERNMENT OF WEST PAKISTAN, EXCISE AND TAXATION DEPARTMENT, LAHORE, (2) ADDITIONAL SECRETARY (EXCISE AND TAXATION), BOARD OF REVENUE, WEST PAKISTAN, LAHORE, (3) THs DIRECTOR, EXCISE AND TAXATION, HYDERABAD AND (4) ABDUL GHAF
Law:
Section:
(a) Constitution of Pakistan (1962), Art. 178(4)(6) [as substituted by Constitution (Sixth Amendment) Act, 1966]-Government servant-Retirement from service-Application of Art. 178(4)(6). The contention was that under clause (b) of Article 178(4) substituted by the Constitution (Sixth Amendment) Act, 1966, the appellants were liable to be retired from service on the completion of the sixtieth year of their age as provided in the concluding clause "or on the completion of the sixtieth year of his age whichever be earlier": Held, the plea is wholly devoid of force as the concluding clause applies only if the competent authority does not issue directions for retirement from service which the period of six months and the person to be retired completes the age of sixtieth year before the expiry of that period. King v. Beer (1903) 2 K B 693 and Queen v. Ward (1873) 8 QB210ref. (b) Constitution of Pakistan (1962), Art. 178(4)(6) [as substituted by Constitution (Sixth Amendment) Act, 1966] read with Government Servants (Further Usefulness in Public Service) Rules, 1963-Orders allowing persons to continue in service till completion of sixtieth year of age under Rules of 1963-Orders at best a condition of service of such persons-Such condition of service, held, expressly done away with by clause (4) of Art. 178(4). It was argued that since the appellants were given extension in service under Government Servants (Further Usefulness in Public Service) Rules, 1963, Article 178(4)(6) was not applicable in their cases. Held, this plea is met by the provisions in clause (4). At best the orders by which the appellants were allowed to continue in service till the completion of the sixtieth year of their age became the condition of their service which was expressly done away with by clause (4). JUDGMENT MUHAMMAD YAQUB ALI, J.-These two appeals which call in question the vires of the Constitution (Sixth Amendment) Act, 1966, are concluded by the judgment delivered by the Court on 28-11-1969 in Civil Appeals Nos. 99, 100 and 10 of 1966 and Civil Appeal No. 113 of 1967. Muhammad Yousuf, appellant, in Civil Appeal No. K-38 and Trever Guy Kelly, appellant, in Civil Appeal No. K-39…
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