| Case ID |
1fea7c5c-eda1-4f6d-a7d9-7e9ee3672844 |
| Body |
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| Case Number |
Civil Petitions for Special Leave to Appeal Nos. K |
| Decision Date |
Aug 17, 1971 |
| Hearing Date |
Aug 17, 1971 |
| Decision |
The Supreme Court dismissed the petitions filed by the petitioners, which challenged their reversion orders. The Court held that the petitioners did not establish a prima facie case for a temporary injunction, as evidence had not been recorded. The Court emphasized the importance of not disturbing administrative arrangements of government departments without compelling reasons. The judges directed the trial Court to expedite the hearing of the cases and dispose of them within six months. The Court refrained from making any conclusive statements regarding the merits of the case to allow lower courts to decide based on the law. |
| Summary |
This case revolves around the petitions filed by several government servants challenging their reversion to lower posts. The Supreme Court of Pakistan examined the legal aspects of issuing temporary injunctions in service matters, emphasizing the need for a prima facie case and the balance of convenience. The Court referred to previous rulings regarding administrative stability and the issuance of injunctions against government departments. The decision underscored the procedural importance of evidence in determining the status of the petitioners' employment. The ruling impacts administrative law and employment rights in Pakistan, particularly concerning temporary and ad hoc appointments in government service. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
Khalid M. Ishaq,
S. Nasiruddin,
S. H. Rizvi,
Kazi Akhtar Ahmad,
Hyder Bakhsh
|
| Petitioners |
Others,
MASHKOOR KHAN
|
| Respondents |
Others,
PROVINCE OF SIND
|
| Citations |
1971 SLD 311,
1971 SCMR 572
|
| Other Citations |
Province of West Pakistan v. Malik Asghar Khan Civil Appeal No. K-41 of 1970
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXXIX, r. 1
|