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Petitioner: RAFIQ AHMAD VS Respondent: FARZAND ALIHonorable Justice Irshad Hassan KhanCh. Qadir Bakhsh,Nemo & Maqbool Elahi Malik, A.-G.
1991 P L C (C
1991 P L C (C.S.) 521
[Lahore High Court]
Before Irshad Hassan Khan, J
RAFIQ AHMAD and 2 others
Versus
FARZAND ALI and 3 others
Writ Petition No. 1319/S of 1973, decided on 19th February, 1991.
Constitution of Pakistan (1973)---
----Art. 199---Notification, retrospective operation---Contention by petitioner that Notification on basis of which impugned order was passed against him by Authorities could not be given retrospective effect---Respondent Authority stated 'in its comments that said notification had not been given retrospective effect-- Petitioner who was Patwari was not likely to be put out of job in preference to any other Patwari who had rendered less officiating service than petitioner, computed district-wise subject to his retirement under the Rules---Constitutional petition was disposed of accordingly.
Ch. Qadir Bakhsh for Petitioner.
Nemo for Respondents Nos. 1. 2 and 3.
Maqbool Elahi Malik, A.-G. for Respondent No. 4.
ORDER
Learned counsel for the petitioner submits that the sole grievance of the petitioner in this writ petition is that the notification dated 15-7-1972, on the basis of which the impugned order has been passed, cannot be given retrospective effect. The Assistant Commissioner, respondent No. 4 herein, has conceded in paragraph 9/C of the parawise comments that the notification in question has not been given retrospective effect. If that is so, the petitioner shall not be put out of job in preference to any other Patwari who has rendered a total officiating service as Patwari which is less than that of the petitioner computed district-wise subject to his retirement under the rules. With these observations, the writ petition is disposed of with no order as to costs.
M.Y.H./R-281/L Petition disposed of accordingly.