Major MUHAMMAD NAWAZ vs PAKISTAN THROUGH SECRETARY, — 1957 PLD 363

Citation: 1957 PLD 363

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-31

Parties: Major MUHAMMAD NAWAZ vs PAKISTAN THROUGH SECRETARY, JUDGMENT

Headnotes

Case cited as PLD 1957 Kar. 363

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain, Shamim Hussain Qadri Title:Major MUHAMMAD NAWAZ vs PAKISTAN THROUGH SECRETARY, JUDGMENT Reported As: PLD 1970 Lahore 811 Result: Q. Judgment JUDGMENT MUSHTAQ HUSSAIN, J.---By our order dated 10th December 1969 we accepted this writ petition and declared the impugned order to be without lawful authority and of no legal effect. We further directed that the petitioner shall get his costs from the respondent and declared that he continues to be in the service of Pakistan. Our reasons for the aforesaid order are as follows. 2. Major Muhammad Nawaz petitioner was commissioned into the Ordnance Corps of the Indian Army in the year 1942. He continued to serve in the Defence Forces till 1950 when his services were requisitioned by the Ministry of Communications, Telephones and Telegraphs Department, for a period of six months. This period was extended by one year and eight months. A request by the Ministry of Communications for further extension of the period of deputation of the petitioner by two years was turned down by the Ministry of Defence on 7th July 1952. A letter from the Chief Engineer, Telephones and Telegraphs Department, dated 4th April 1952, which was endorsed by the Director-General on 7th April 1952, in which the petitioner was labelled as indispensable. Could not make the Ministry of Defence change its mind. As would appear from Appendix `C', a letter from the Director-General to the Minister of State,…

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