| Case ID |
ecddbdb7-7470-4a54-acfa-93d447d10ba5 |
| Body |
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| Case Number |
Civil Appeal No. 35 of 1958 |
| Decision Date |
Feb 02, 1961 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal of Manzur Ahmad, determining that he was entitled to seniority over the other two officers based on the relevant statutory rules. The court emphasized that the service conditions for government servants required adherence to established rules, and that the Governor had the authority to apply these rules justly. The court ruled that the interpretation of seniority should consider the unique circumstances of war service candidates and the specific rules governing their appointments. The decision highlighted the importance of adhering to established legal frameworks in administrative decisions regarding seniority. |
| Summary |
This case revolves around the seniority dispute between three members of the West Pakistan Forest Service Class I: Manzur Ahmad, Muhammad Ihsanur Rehman Khan, and Muhammad Rafi. The Supreme Court of Pakistan, in its judgment dated 2nd February 1961, addressed the interpretation of seniority within the framework of the Punjab Government Service (War) Amendment Rules, 1943. The court ruled in favor of Manzur Ahmad, asserting that his appointment and confirmation in an existing vacancy granted him superior seniority over the other two officers, who were initially appointed to temporary posts. The decision underscores the legal principles governing seniority in public service and the rights of war service candidates. The ruling clarifies that service conditions must adhere to established rules, and the courts play a crucial role in interpreting these provisions to ensure justice is served in administrative matters. This case serves as a precedent for future disputes regarding government service seniority, emphasizing the need for clarity and adherence to statutory regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
West Pakistan Forest Service Class I
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLE-AKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
Muhammad Iqbal, Advocate Supreme Court, instructed by Zahir Abbas, Attorney for Appellant.,
Muhammad Iqbal Hussain, Advocate Supreme Court, instructed by Ijaz Ali, Attorney for Respondent No. 1.,
M. Ismail Bhatti, Advocate Supreme Court, instructed by M. A. Rahman, Attorney for Respondents Nos. 2 and 3.
|
| Petitioners |
MANZUR AHMAD P. F. S. (I)
|
| Respondents |
THE PROVINCE OF WEST PAKISTAN,
MUHAMMAD IHSANUR RAHMAN KHAN, P. F. S. (1),
MUHAMMAD RAFI, P. F. S. (I)
|
| Citations |
1961 SLD 300,
1961 PLD 166
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1956),
Punjab Government Service (War) Amendment Rules, 1943
|
| Sections |
Art. 170,
Art. 160,
r. 3,
r. 6
|