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Petitioner: MRS. NASEEM SADIQ VS Respondent: GOVERNMENT OF PAKISTAN
1992 P L C (C
1992 P L C (C.S.) 975
[Karachi High Court]
Before Imam Ali G. Kazi, J
Mrs. NASEEM SADIQ
Versus
GOVERNMENT OF PAKISTAN and another
Revision Application No. '7 of 1989, decided on 29th January, 1992.
(a) Specific Relief Act (1 of 1877)---
----S. 42---Suit for declaration and injunction against removal from service---Petitioner, a Railway employee was removed from service on charge of misconduct---Civil suit---Competency---Plaintiff was not employed on basis of contract freely entered into by parties to attract principle of "Master and Servant" but her appointment order was issued under Regulations framed by Pakistan Railway---Principle of "Master and Servant" being not applicable, plaintiff was competent to bring action for wrongful dismissal before Court of law---Plaintiff had no way out to seek relief except by way of filing civil suit-- -Civil suit against removal from service was thus, competently filed.
PLD 1984 SC 194 and PLD 1973 SC 236 rel.
(b) Specific Relief Act (I of 1877)---
----S.42---Civil Procedure Code (V of 1908), S. 115---Removal from service-- Suit for declaration and injunction---Trial Court decreed plaintiff's suit declaring her removal from service as illegal and ordered her reinstatement-- First Appellate Court's finding, that plaintiff was not person possessed of any legal character within meaning of S.42, Specific Relief Act 1877, being erroneous deserved to be set aside in revisional jurisdiction---Plaintiff in the meantime having crossed age of superannuation, was entitled to back benefits accruing to her as a result of decision till actual date of her retirement from service.
Applicant in person.
Ch. Rashid Ahmed for Respondents.
Date of hearing: 8th September, 1991.