MUHAMMAD ISHAQ SHAIKH vs PROVINCE OF SIND THROUGH THE CHIEF — 1971 PLD 490

Citation: 1971 PLD 490

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: MUHAMMAD ISHAQ SHAIKH vs PROVINCE OF SIND THROUGH THE CHIEF SECRETARY, KARACHI AND ANOTHER

Headnotes

Case cited as PLD 1971 Karachi 490

Judgment Text

Court Name: Sindh High Court Judge(s): Abdul Qadir Sheikh, Ghulam Rasool K. Shaikh Title:MUHAMMAD ISHAQ SHAIKH vs PROVINCE OF SIND THROUGH THE CHIEF SECRETARY, KARACHI AND ANOTHER Case No.: Petition No, 626 of 1970 Date of Judgment:1970-12-31 Reported As: PLD 1971 Karachi 490 Result: Petition dismissed Judgment ORDER ABDUL QADIR SHAIKH, J.--The petitioner, Muhammad Ishaq Shaikh, Additional City Magistrate, Karachi, seeks to challenge the Order of the Governor of Sind, passed under sub-rule (2) of Rule 3 of the West Pakistan Government Servants (Extension in Service) Rules, 1968 terminating the extension in service granted to him by which he was otherwise to continue in service up to the 4th of May 1971. It has been directed in the impugned order that the petitioner shall be paid a sum equivalent to 3 months salary in lieu of the notice required under the Rules. The learned counsel for the petitioner vehemently urged that since the petitioner is holding a judicial office, the extension in service cannot be terminated under the Rules which, in any case, are ultra vires and repugnant to the provisions of Article 178 (3) (a) of the 1962-Constitution. It is admitted that the petitioner belongs to the P. C. S. (Executive) cadre, and it may be said that the posts of the Additional City Magistrates in Karachi are also borne on the P. C. S. (Executive) cadre, and not on the P. C. S. (Judicial) cadre. The notification of the West Pakistan Government bearing. No, S. P. 6-17/66-SOX…

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