Government of Pakistan vs Mr. Abdul Quddus — 1970 SCMR 152

Citation: 1970 SCMR 152

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 152

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Abdus Sattar, Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub JUDGMENT Reported As: 1970 SCMR 152 Result: Appeal accepted Judgment JUDGMENT SAJJAD AHMAD, J.-This is an appeal, by special leave, by Pakistan (Government of Pakistan) which is aggrieved by a declaration obtained in a civil suit by the respondent, Mr. Abdul Quddus, who is serving .Under it as an officer of the Income-tax Department. The respondent started his service career in the year 1941 under the Provincial Government of the undivided Bengal as a Commercial Taxation Officer and was later promoted as Assistant Commissioner of Commercial Taxes. On Partition of the country, he opted for East Pakistan where he was taken in the taxation service as Assistant Commissioner of Commercial Taxes and was confirmed in that capacity oil the 23rd of November 1949, in the time-scale salary of Rs. 250-50/2- 750. The "sales tax" became a Central subject provisionally in 1948 and permanently in the year 1950, whereupon the respondent along with other officials of the East Pakistan Taxation Department, except the Commissioner, were transferred to the Centre under an "arrangement" between the representatives of the Central Government and the Government of East Pakistan (Exh. `A' oil record), which ensured that all the staff of the Commercial Tax Directorate would be protected as regards their tams of service, which expression included their status and scales of pay and promotion…

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