Syed MAZHAR HUSSAIN RIZVI AND 3 Other vs THE GOVERNMENT OF WEST — 1972 PLC 572

Citation: 1972 PLC 572

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: Syed MAZHAR HUSSAIN RIZVI AND 3 Other vs THE GOVERNMENT OF WEST JUDGMENT

Headnotes

Case cited as 1972 PLC 572

Judgment Text

Court Name: Lahore High Court Judge(s): Nasim Hasan Shah Title:Syed MAZHAR HUSSAIN RIZVI AND 3 Other vs THE GOVERNMENT OF WEST JUDGMENT Reported As: 1972 PLC 572 Result: Petition accepted Judgment JUDGMENT The petitioners are Ex-servicemen and after the termination of the Second World War joined the Ministerial Services under the Punjab Government. They submitted representations to the Government claiming benefits under the Punjab Government Services (War) Amendment Rules, 1943. Their claims were partially acknowledged and they were given all benefits for their war service, except seniority. The reasons for not granting them benefit of seniority were stated to be :- (a) They were not appointed against "reserved vacancies". (b) They were appointed after 1-1-46, and (c) The rules of 1943, which were being relied upon, stood modified by the Punjab Government Services (War) Amendment Rules (West Pakistan Repeal) Ordinance XLI of 1963. 2. The petitioners filed the present writ petition wherein it was urged that the Ordinance (XLI of 1963) was not a valid piece of legislation and hence rule 6 of the Rules of 1943, under which they were eligible to the grant of seniority, was liable to be acted upon according to its original terms in disregard of the modification made in it by Ordinance XLI of 1963 and claimed consequential benefits, eligible to them, on account of the strict compliance with the provisions of rule 6 above-- mentioned. 3. During the pendency of the writ petition…

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