Abdul Qayum Khan vs Government of West Pakistan — 1972 SCMR 693

Citation: 1972 SCMR 693

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 693

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan, Sheikh JUDGMENT Reported As: 1972 SCMR 693 Result: Appeal accepted Judgment JUDGMENT ANWARUL HAQ, J.--This appeal by special leave is directed against an order made by a Division Bench of the former High Court of West Pakistan at Peshawar on the 23rd of August 1967, whereby a petition filed by the respondent Abdul Qayum Khan under Article 170 of the 1956-Constitution of the Islamic Republic of Pakistan read with Article 2(4) of the Laws (Continuance in Force) Order, 1958, was accepted and the order of his compulsory retirement from Government service was quashed and a direction given that he should be re-Instated with retrospective effect and paid the arrears of his pay and allowances. The respondent had joined service as Assistant Master on 5-6-1928 in the Education Department of the N.-W. F. P. He was promoted to the rank of Head Master in November 1950. On the 14th of March 1959, when he was serving as Bead Master, Government High School, Sirai Niamat Khan in the district of Hazara, the Commissioner of Peshawar Division, in his capacity as Chairman of the Screaming Committee, set up under the provisions of the Public Conduct (Scrutiny) Ordinance, 1959, served upon him a notice asking him to show cause why he should not be recommended to the appointing authority for retirement on proportionate pension as the Committee was of the opinion that he could reasonably be…

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