Federation of Pakistan vs Mrs. A. Y. Issacs — 1963 PLD 37

Citation: 1963 PLD 37

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as PLD 1963 SC 37

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad JUDGMENT Reported As: PLD 1970 Supreme Court 415 Result: Appeal dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of a suit filed by the respondent herein against the Federation of Pakistan for the following reliefs :-- (a) for a declaration that the order discharging her from service as a nurse passed on the 18th of March 1949, was not passed in due course of law and was wrongful, void, illegal, inoperative and ultra vires, (b) for recovery of arrears of pay and allowances from August 1948 to 15th November 1949, amounting to Rs. 3,135-3-6 at Rs. 202-3-0 per mensem, (c) average pay for the remaining period of 21 years of service at the above rate, and (d) Rs. 5,000 as compensation for vexation, mental worry, loss of special status, economic distress and wreck of physical health caused by the illegal acts of the department. This suit was dismissed by the trial Court but in appeal the High Court set aside the order of the trial Court and remanded the suit for retrial on merits with a further direction that the question relating to the claim for arrears of salary should also be determined according to the law applicable to the agreement between the parties. The State came in appeal to the Supreme Court of Pakistan on the strength of a certificate granted by the High Court. The Supreme Court took the view that the order of…

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