Syed ZAHIRUL HASNAIN Mallick KHAN MOHAMMAD vs THE COMMISSIONER OF — 1971 SCMR 113

Citation: 1971 SCMR 113

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: Syed ZAHIRUL HASNAIN Mallick KHAN MOHAMMAD vs THE COMMISSIONER OF JUDGMENT

Headnotes

Case cited as 1971 SCMR 113

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title:Syed ZAHIRUL HASNAIN Mallick KHAN MOHAMMAD vs THE COMMISSIONER OF JUDGMENT Reported As: 1971 SCMR 113 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioners in these two cases, who are permanent residents of Karachi, had, in pursuance to an advertisement published in the Daily Dawn on the 14th of January 1966, inviting applications from persons domiciled in the Karachi Division for two posts of Naib- Tehsildars (Revenue) in the district of Lasbela, applied for the same. They were selected by a Selection Board presided over by the Commissioner of Karachi and were issued letters of appointment on the 2nd of February 1966. As directed by this letter, they reported for duty on 4th of February 1966, and had since then been continuously working, it is said, to the satisfaction of the superior authorities as such Naib-Tehsildars. There was no condition in the letter of appointment for terminating their services on 15 days' notice. The West Pakistan Tehsildari and Naib-Tehsildari Service Rules, 1962, actually provided by rule 5(3) that "vacancies in the posts of Naib-Tehsildars shall be reserved for bona fide residents of the Division where they occur". Notwithstanding this, the petitioners were, on the 13th of February 1968, served with notices terminating their services on the expiry of 15 days from the date of receipt of the notices, as the Board of Revenue, it…

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