| Case ID |
0373e41c-8c5b-4e78-a939-835b941d9e1a |
| Body |
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| Case Number |
Revision Application No. 240 of 1962 |
| Decision Date |
Sep 20, 1962 |
| Hearing Date |
|
| Decision |
The petitioner's case was dismissed by the Sindh High Court, which upheld the findings of the learned Additional District Judge, stating that the petitioner, Salamatullah Khan, was an officiating 'B' grade clerk and could be reverted to his substantive post without a show-cause notice. The court referenced previous decisions to establish that the Pakistan Military Accounts Department is not part of the military establishment and that the Civil Service Rules apply to its employees. The petitioner’s claims of illegal reduction in rank were found to have no legal basis, leading to the culmination of this legal dispute. |
| Summary |
In the case of Revision Application No. 240 of 1962, Salamatullah Khan challenged an order regarding his employment status as an Upper Division Clerk within the Pakistan Military Accounts Department. The Sindh High Court reviewed the findings of the lower courts, particularly focusing on the application of Civil Service Rules to the Military Accounts Department, which is administratively controlled by the Ministry of Finance. The court emphasized that the petitioner was only an officiating clerk and thus could be reverted to his substantive position without a show-cause notice, as previously established in the Province of West Pakistan v. Bashir Ahmad. This case highlights crucial aspects related to employment rights, civil service regulations, and the distinction between military and civil service roles within government employment. It underscores the legal principles regarding promotions, reversion, and procedural safeguards under Pakistani law, particularly in relation to the Government of India Act, 1935, and subsequent constitutional provisions. Keywords such as 'Civil Service', 'Employment Law', 'Military Accounts', and 'Government Regulations' are pertinent in this context. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
WAHIDUDDIN AHMED, J
|
| Lawyers |
Syed Mushtaq Hussain
|
| Petitioners |
Salamatullah Khan
|
| Respondents |
Pakistan
|
| Citations |
1963 SLD 538,
1963 PLC 146
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Not available
|
| Sections |
Not available
|