1986 PLP 96 (SCMR)
WAPDA‑‑Petitioner Versus CAPT. NAZIR HUSSAIN and others‑‑Respondents
| Citation | 1986 PLP 96 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Nasim Hasan Shah and Shafiur Rahman, JJ |
| Parties | WAPDA‑‑Petitioner Versus CAPT. NAZIR HUSSAIN and others‑‑Respondents |
Q1: What are the key laws and sections cited in 1986 PLP 96 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 96 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Nasim Hasan Shah and Shafiur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 96 (SCMR) (WAPDA‑‑Petitioner Versus CAPT. NAZIR HUSSAIN and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian lqbal Khalid, Advocate Supreme Court and Mahmood A. Qureshi. Advocate‑on‑Record for Petitioner.
- Raja Muhammad Akram, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate‑on‑Record for Respondent No. 1.
Judgment & Decree
Raja Muhammad Akram, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate‑on‑Record for Respondent No.
1. Date of hearing: 7th May, 1985. SHAFIUR RAHMAN, J.‑‑WAPDA seeks leave to appeal under Article 212(3) of the Constitution against the decision of the Service Tribunal dated 11‑1‑1984‑ restoring to the respondents their position in the seniority. After rendering compulsory service in the Army the appealing respondents were recruited as Electrical Engineers in WAPDA. They were allowed advance increments for rendering Army Service, in terms of rule 5(2)(b) of WAPDA Service of Electrical Engineers Rules by the Authority on 23‑7‑1977 which decision was expressed as hereunder and given effect to:‑‑ "The period of satisfactory service rendered by any Engineering Officer‑in Army in commissioned rank before joining Power Wing WAPDA may be counted towards seniority under the provisions of Rule 5(2) (b) of the West Pakistan WAPDA Service of Electrical Engineers Rules, 1965 read with para. 4 of Authority's decision contained in this office U.O. No. KGA‑1/1/66‑Secretary dated 27‑6‑1977. Past cases may be examined in the light of the above decision and seniority fixed accordingly. In future the seniority of such persons will be fixed at the time of recruitment." In another meeting on 7‑8‑1979 the Authority re-decided the issue as follows. "It was decided that the officer would be given seniority in WAPDA in case his services. were requisitioned by the Army." This decision was sought to be applied retrospectively even to those recruited and fixed in seniority earlier to 7‑8‑1979. The affected individuals appealed to the Service Tribunal and succeeded. The only contention of the learned counsel for the petitioner is that an authority competent to take a decision can also revoke or modify the decision. Such a power could not be denied. Under rule 5(2)(b) of the Service of Electrical Engineers Rules the Authority was competent to take such a decision in case of direct recruits. A decision competently taken, implemented and acted upon for years could certainly be rescinded or modified but not so as to reopen the past and closed cases. It could not have retrospective effect. It could not unsettle matters already competently settled. The petition raises no such question of law of public importance as to require further examination. Hence leave to appeal is refused. ' M. Y. H. Leave refused.