Law:

Section:

(a) Constitution of Pakistan--- ----Arts. 212 & 199 ---Law Reforms Ordinance (XII of 1972), S.3---Establishment Division Letter No. F-8/36/2010-R/1 dated 20-1-2010---Intra-court appeal---Civil service---Up-gradation of posts---Bar of Art.212 of the Constitution---Scope---Respondents, who were Inland Revenue Audit Officers, were not up-graded in line with the Policy issued by the Federal Government through Establishment Division Letter No. F-8/36/2010-R/1 dated 20-1-2010---Contention of the respondents was that their posts were similar to the Audit Officers in other departments, who had been up-graded---Contention of the respondents was accepted and Constitutional petition filed by them was allowed by the High Court, which was impugned by the Department in intra-court appeal---Held, that once there was a policy and some of the departments had been allowed to up-grade their posts, then there should not have been any discrimination towards other departments, like that of the respondents', and such issue should have been resolved amicably without consulting the Establishment Division---Where a question of law or fact had been decided by the Service Tribunal or the Apex Court; it covered not only the case of the civil servants who had litigated but also other civil servants who may have not taken part in such legal proceedings, and in such cases, rule of good governance demanded that benefit of such by Service Tribunal or the Supreme Court should be extended to other civil servants who may not have been parties to the litigation; instead of compelling them to approach the Service Tribunal or any other forum---Bar of Art.212 of the Constitution therefore did not exist in the present case---Post of Inland Revenue Audit Officer was considered similar to post of Audit Officer in Department of Auditor General of Pakistan, which post had already been up-graded; therefore to rule out any discrimination, the respondents were also entitled to up-gradation of posts---Constitutional petition of the respondents, was therefore rightly allowed---Intra-court appeal was dismissed, in circumstances. Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of…

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