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Writ Petition No. 1819 of 1980, heard on 3rd March, 1980.
‑‑ Art. 199‑Writ‑Aggrieved person‑Possession of a right in strict juristic sense not necessary to maintain Constitutional Petition‑Sufficient for petitioner to show that he has personal interest in performance of legal duty which, if not performed legally, would result in loss of some advantage, or privilege.
A person may not have a right in the strict juristic sense to maintain Constitutional Petition, but it is sufficient to show that he has a personal interest in the performance of legal duty, which, if performed in a manner not permitted by law, would result in the loss of some advantage or privilege.
Munawar Ali and S others v. Secretary to the Government of the Punjab P L D 1975 Lab. 544 and Fazal Din v. Lahore Improvement Trust P L D 1969 S C 223 ref.
Art. 199 ‑ Writ ‑ Court would be reluctant to interfere with discretionary orders passed by Executive authorities unless same arbitrary or in abuse of powers.
Ikram Bur Service v. Board of Revenue P L D 1963 S C 564; Montgomery Flour & General Mills Ltd. v. Director, Food Purchases P L D 1957 Lab. 914 and Presiding Officer v. Sadruddin Ansari P L D 1967 S C 569 ref.
Instruction issued by Government‑Held, 7 functionaries of Govern ment under legal obligation to follow such instructions unless same violative of any law.
Mian Munawar‑ud‑Din v, Federation of Pakistan P L D 1979 Lab, 499 ref.
S. 2 (b) and Workmen's Compensation Act (VIII of 1923), S. 2 (n) "Civil servants"‑ ‑"Workman" or "Worker"‑Definitions‑Persons employed as Sub‑Engineers in Irrigation and Power Department, engaged in construction work of buildings, roads, canals etc. and drawing salaries less than one thousand rupees per month‑Held, covered within definition of "worker" or "workman".‑‑[Words and phrases].
Bashir Ahmad for Petitioner.
M. Tassadiq Hussain Jilani, Asstt. A.‑G. for Respondent.
Date of hearing : 3rd March 1980.
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