MUHAMMAD ASLAM ROSE vs FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN — 1972 PLD 756

Citation: 1972 PLD 756

Court: Lahore High Court

Year: 1971

Decision Date: 1971-11-12

Parties: MUHAMMAD ASLAM ROSE vs FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN

Headnotes

Case cited as PLD 1972 Lahore 756

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title: MUHAMMAD ASLAM ROSE vs FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN Case No.: Civil Appeal No. 172/69 Writ Petition No. 61-S of 1970 Date of Judgment:1971-11-12 Reported As: PLD 1972 Lahore 756 Result: Petition accepted JUDGMENT JUDGMENT The petitioner who originally was recruited as a clerk and was at the relevant time working as "Sub- Head Commercial Branch in office" was discharged from service by means of a letter of the Divisional Personnel Officer dated the 17th of September 1953, issued in pursuance of the order of the Divisional Superintendent with effect from 22nd September 1953. The petitioner challenged the aforesaid order by means of a civil suit which was decreed in his favour by a civil Court of Lahore, on the 18th of May -1956. The actual declaration granted to the plaintiff was in the following words:- "It is ordered that a decree for declaration to the effect that the discharge of the plaintiff from the defendant's service by the order of the Divisional Superintendent. N. W. R., Karachi, communicated to the plaintiff by the Divisional Personnel Officer, N. W. R., Karachi vide his letter No. 497-G, dated 17- 9-53, discharging the plaintiff from service with effect from 22-9-53 F. N. Is illegal, ultra vires, wrongful and bad in law and as such the plaintiff continues to be in the service of the defendant with all the rights and amenities attached thereto is passed in favour of the plaintiff and…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.