M. B. Khalfay vs Pakistan Western Railways — 1970 SCMR 190

Citation: 1970 SCMR 190

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 190

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Alvin R. Cornelius, Hamoodur Rahman, Fazal-e-Akbar, Dr. Sheikh Abdul JUDGMENT Reported As: 1970 SCMR 190 Result: Appeal accepted Judgment JUDGMENT FAZLE-AKBAR, J.-This certificated appeal arises out of a suit filed by the appellant herein for a declaration that the letter No. JDE/SCM/53, dated 19th August 1953, which purported to terminate the appellant's services was illegal, void and inoperative and that notwithstanding the said letter the appellant still continues as Executive Engineer in the Pakistan Western Railways. The facts briefly are as follows; "New Delhi, dated the 28th August 1943 To M. B. Khalfay, Esq., Kasba Sangameshwar, Distt. Ratnagiri. Dear Sir, Recruitment to the Indian Railway Service of Engineers. I am directed to say that as a result of the competitive examination held by the Federal Public Service Commission in November 1942, you have been selected for appointment as a probationer in the Indian Railway Service of Engineers on the terms and conditions laid down in the rules for recruitment to this service published with the Railway Department (Railway Board) Notification No. E-43RR2, dated the 14th May 1943 (copy attached). 2. The appointment will be made on a temporary basis subject to three months' notice of discharge in order to enable candidates with war service to be permanently appointed in the --- ## Page 2 service should that, course be necessary. This condition over--rides all conditions…

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