Law: Constitution of Pakistan, 1973

Section: 199,25

Law: Rules of Business, 1973

Section: 11

(a) Constitution of Pakistan--- ----Arts. 199 & 25---Rules of Business, 1973, R.11---Constitutional petition---Civil service---Change of status by upgradation/promotion into move-over---Effect---Facility of rental ceiling/house rent allowance---Entitlement---Mala fide of authorities for excluding the other categories---Effect---Discrimination---Failure of authorities to produce the letter issued by the Establishment Division---Effect---Authority to issue memorandum---Scope---Petitioner's post of Private Secretary was upgradated as Senior Private Secretary from BS-18 to 19 after fulfillment of prescribed conditions---Order of upgradation/ promotion was acted upon and the petitioner started to enjoy the benefits thereof, but subsequently the order of upgradation/promotion of the petitioner was withdrawn through the impugned memorandum treating the said promotion/upgradation of Senior Private Secretaries (BPS-19) at par with move-over---Validity---Memorandum dated 23-12-2011 did not mention that the upgradation was just like move-over---Memorandum of withdrawal of benefit had been issued after lapse of a considerable period of two years and ten months and during said period no action was taken by the Finance Division---Authority to issue the office memorandum was vested with the Establishment Division and no such authority was vested with the Finance Division---Maxim: "A communi observantia non est recedendum" (where a thing was provided to be done in a particular manner it had to be done in that manner and if not so done, same would not be lawful)---Authority while issuing the impugned memorandum without prior consultation/concurrence from the Establishment Division as required under the law had committed serious illegality, so the same was ineffective upon the rights of Private Secretaries---On the basis of obstructive document, a right already occurred in favour of beneficiaries after approval of the Prime Minister of Pakistan could not be snatched away---High Court set aside the impugned memorandum and the upgradation of the posts of Private Secretaries as Senior Private Secretaries was ordered to be considered as promotion in order to obviate the…

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