SAJJAD AHMAD vs ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF WEST PAKISTAN — 1970 PLD 279

Citation: 1970 PLD 279

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as PLD 1970 SC 279

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Mujibur JUDGMENT Reported As: 1971 SCMR 291 Result: Appeal dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-The appellants herein, who were working in various departments of the erstwhile Civil Secre--tariat of the Government of West Pakistan appellants Nos. 1 to 8 as Section Officers and Nos. 9 to 10 as Superintendents filed a writ petition in the High Court (Lahore), under Article 98 of the abrogated Constitution of 1962, questioning the validity of the policy letter of the Additional Chief Secretary to the Government of West Pakistan, dated the 16th of January 1968, and the orders passed in consequence thereof, whereby respondents Nos. 2 to 5, who had allegedly joined the Civil Service Secre--tariat against temporary vacancies, were given presumptive seniority as against the appellants by extending them to the benefit of their war services, under Punjab Government Service (War) Amendment Rules, 1943. The policy letter aforesaid directed that the posts, which fell vacant during the period from the 18th of September 1943, to the 1st of January 1946, should be treated as reserved vacancies for the purpose of giving the benefit of seniority of the war service candidates irrespective of the fact whether the vacancy was permanent or temporary. The main contentions, which were urged for the appellants in the High Court, and were repeated before us, are that the war service rules…

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