Case Details

Citation(s)
1971 SLG 309 1971 SLD 309 1971 SCMR 569
Supreme Court of Pakistan
Civil Appeal No. K-41 of 1970, decision dated: 3rd September 1970
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI AND SAJJAD AHMAD, JJ

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PROVINCE OF WEST PAKISTAN THROUGH THE DEPUTY COMMISSIONER, HYDERABAD AND another

VS

MALIK ASGHAR KHAN---Respondent Civil Procedure Code (V of 1908), O. XXXIX, r. 1Temporary injunctioN-Should not ordinarily be issued to Government DepartÂment in respe

Law:

Section:

Issuance of temporary injunctions to the Government Departments in respect of service matters is bound to d1sturb their working, and they should not - ordinarily be issued unless there are compelling reasons to do so because balance of convenience ordinarily would not lie in d1sturbing the admin1strative arrange­ments of a Department. There can be no question of any irreparable injury being caused to the employee by refusing the temporary injunction to him as he can claim a monetary com­pensation in case he succeeds in his suit and the orders of the Government reverting the respondent to his original post are finally held as illegal and without jurisdiction by the competent Courts. Muhammad Umar Beg v. Sultan Mahmood P L D 1970 S C 139 ref. Sayed A. Shaikh, Advocate Supreme Court instructed by Shafiq Ahmad, Advocate-on-Record for Appellants. Usman Ghani Rashid, Advocate Supreme Court instructed by A. A. Dastageer, Advocate-on-Record for Respondent. Date of hearing : 3rd September 1970. JUDGMENT SAJJAD AHMAD, J.---This appeal, by special leave, is directed against the order of a learned Single Judge of the erstwhile High Court of West Pakistan (Karachi Bench) whereby, acting in the revisional jurisdiction, and in reversal of the concurrent orders of the two Courts below, he has granted an interim injunction to the respondent restraining the appellant from forcing the respondent to accept an appointment below that of a Deputy Ranger pending the decision of the suit which the former had instituted in the Court of the Senior Civil Judge; Hyderabad, for a declaration that he was a confirmed Forest Ranger and that the orders of the appellant reverting him to the post of Forester were void, mala fide and without jurisdiction. Briefly, the relevant facts are as follows :- On the 1st of March 1953, the respondent was confirmed as a Forester in the Forest Department of the former Punjab Government. After the integration of the Province of Punjab into West Pakistan, the respondent was promoted as a Deputy Ranger as a stop-gap arrangement purely on a temporary basis for six months, to begin with, which was termed as a trial period, with the express reservation of the right…
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