| Case ID |
44e26fe2-6dda-4950-8514-bb14b81b6a8e |
| Body |
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| Case Number |
Writ Petition No. 3 of 1962 |
| Decision Date |
May 04, 1962 |
| Hearing Date |
|
| Decision |
The petition for a writ of mandamus was dismissed by the Supreme Court of Pakistan, stating that the petitioners, a group of competitioners from the Pakistan Police Service, were claiming rights over seniority against ad hoc appointees. The court held that the claim was too late, as it was filed approximately 12 years after the ad hoc appointments were confirmed. The Court emphasized that mandamus is not meant for expeditions in administrative matters and recognized the fluidity of the government's directives regarding appointments and seniority. Therefore, the Court declined to issue a mandamus as the petitioners failed to demonstrate a clear violation of a law or established rule. The decision reiterated the government's authority to modify previous orders and the necessity for statutory backing for seniority claims. |
| Summary |
This case revolves around a writ petition filed by members of the Pakistan Police Service who sought a mandamus against the government regarding the seniority of ad hoc appointees. The Supreme Court of Pakistan ruled that the petitioners' claims were invalid due to the considerable delay in filing the petition. The Court clarified that a writ of mandamus is not suitable for expediting administrative decisions and highlighted the government's power to vary its decisions. The ruling underscored the importance of statutory provisions regarding seniority and confirmed that the petitioners did not provide sufficient evidence of a legal violation to warrant the issuance of a mandamus. This case is significant in understanding the limits of judicial intervention in administrative matters and the nature of government discretion in appointments. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
HAMOODUR RAHMAN, J
|
| Lawyers |
Nasim Hasan Shah Advocate Supreme Court,
MerajudDin Chaudhry Attorney for Petitioners
|
| Petitioners |
12 others,
MUHAMMAD ATHAR
|
| Respondents |
PAKISTAN,
12 others
|
| Citations |
1962 SLD 481,
1962 PLD 367
|
| Other Citations |
Pakistan v. Abdul Hamid P L D 1961 S C 105
|
| Laws Involved |
Constitution of Pakistan (1956)
|
| Sections |
170
|