Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--KPK Cessation of Payment of Arrears on Advance Increments on Higher Educational Qualification Act, 2012--Judicial Review of Legislation--Nullification of notifications & s by legislation--Retrospective effects are employees of different Government departments, floated their claim of advance increments on attaining Higher Qualifications respectively--Government refused claim of petitioners on ground that Act, 2012--Barred payment of any financial claims to petitioners--Challenge to contended that impugned legislation and notifications had been issued just to nullify effects of s already passed by High Court in petitioners' favour--Validity--Notification issued by finance department provided that any civil servant of provincial Government department, who attained Higher Qualifications during service, would be entitled for two advance increments and due to said notifications, many civil servants had already benefited--Said notification abated upon promulgation of impugned legislation--Government by means of issuing notification had nullified effect of earlier notification, which had been declared null and void by High Court in earlier , upheld by Supreme Court of Pakistan were not legally authorized to deprive petitioners from benefits effects of notification and s through impugned legislation--By promulgating piece of legislation and giving it retrospective effect is nothing but to destroy, annul and make s of High Court and Supreme Court as affectless, therefore, to extent of Section 2 by giving it retrospective effect, is declared null and void and so expunged and struck down--Petitions were allowed. THIS JUDGMENT DELIVERED BY: Muhammad Younis Thaheem, J.- Through this single judgment we propose to decide the instant writ petition alongwith connected W.P. No. 1418-P/2014 titled Molvi Muhammad & four others vs. Govt. of KPK through Secretary Education (E&S), Peshawar & others and W.P. No. 2053-P/2014 titled Saeed Ullah & 32 others vs. Govt. of KPK through Secretary S & GAD & others, as in all above petitions common question of law and facts regarding non-granting of two advance increments…

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