Wasi Ahmad Rizvi vs Naval Headquarters, Karachi — 1971 SCMR 309

Citation: 1971 SCMR 309

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 309

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Alvin R. Cornelius, Hamoodur Rahman, Fazal-e-Akbar, Dr. Sheikh Abdul JUDGMENT Reported As: 1971 SCMR 309 Result: Appeal dismissed Judgment JUDGMENT S. A. RAHMAN, J.-A writ petition filed before the Karachi Bench of the High Court of West Pakistan by Wasi Ahmad Rizvi, the appellant in this case, under the provisions of the late Constitution of 1956, read with the Laws (Continuance in Force) Order, 1958, was dismissed by order, dated the 23rd of September 1964. The appellant had asked for a writ, in respect of his service rights, basing his claim on rule 8(a) of the Central (Non--Gazetted) Civil Services (Revision of Pay) Rules, 1949, which, according to him, had been violated by the Naval Headquarters; Karachi, under which he was serving as an "A" Grade Clerk. He had, according to him, been selected for promotion to the post of an Assistant, but his department was denying him the promotion as well as the scale of pay attached to the post of Assistant, contrary to the provisions of the rule. The High Court took the view that rule 8(a) did not cover the case of the appellant, as he was not in a "unified scale of pay", as defined in rule 2(g) of the above-mentioned rules and that his case was not governed by the Government of India Finance Department Office Memorandum No. F. 44(12)- W/44, dated the 19th of August 1944, which was necessary to attract the rule. On the contrary, the High Court held, his case fell under a subsequent…

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