WASI AHMED RIZVI vs THE GOVERNMENT OF PAKISTAN THROUGH THE MINISTRY — 1971 SCMR 307

Citation: 1971 SCMR 307

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: WASI AHMED RIZVI vs THE GOVERNMENT OF PAKISTAN THROUGH THE MINISTRY JUDGMENT

Headnotes

Case cited as 1971 SCMR 307

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Dr. Sheikh Abdul Rahman Title:WASI AHMED RIZVI vs THE GOVERNMENT OF PAKISTAN THROUGH THE MINISTRY JUDGMENT Reported As: 1971 SCMR 307 Result: rule made Judgment JUDGMENT CORNELIUS, C. J.-The petitioner seeks review of this Court's order of the 11th July 1967, dismissing his appeal against the refusal to him by the High Court of a writ in a matter of service complaint, viz., denial to him of promotion as well as the scale of pay in the higher post. His grievance dated back to the year 1952, when he as an "A" Grade Clerk was approved for appoint--ment as an Assistant. His complaint was that he was denied the benefit of a rule made by the Governor-General in 1949 to the effect that 'A' Grade Clerks, after being so approved were to be "treated as if they have been promoted to the scale prescribed for Assistants and their pay fixed at the next stage above their present pay, from 1st January 1949". In the judgment of this Court, it was said that "on the merits, the appellant had a case for consideration" i.e., having regard to all the relevant rules, instructions and circumstances, he appeared to be "entitled to be fixed in the Assistant's grade without occupying an Assistant grade post . . . . . In view of having been approved for promotion," under the rule cited above. But it was held that his writ petition, filed in 1962 was very much belated, and the explanation that he had been making repeated…

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