Law:

Section:

Keywords: Budget, Discretionary Powers, High Court, Public Service Commission, Terms And Conditions, Condition Precedent, Error Of Law, Investigation, Security Of Tenure, Conditions Of Service, Federal Government, Judicial Power, Service Rules, Administrative Control, Discretion Of The President Of Pakistan, Government Servant, Petition, Supreme Judicial Council, Consideration, Federation, Labour Court, Service Tribunal, Competent Authority, Disposed Of, Impugned Judgment, Reasonable Classification, Transfer Cases, Administration Of Justice, Disciplinary Proceedings, Fundamental Rights, Legal Position, Special Court, Competent Jurisdiction, Equality Before Law, Independence Of Judiciary, Regular Hearing, Writ Jurisdiction JUDGMENT: Ch. Muhammad Ibrahim Zia, J.- The captioned appeal by leave of the Court has arisen out of a consolidated judgment of the High Court, whereby both the writ petitions filed by the contesting respondent have been accepted. 2. The brief facts of the case necessary for disposal of this appeal as stated are that the respondent invoked the writ jurisdiction of the High Court alleging therein that initially, he was appointed as Civil Judge on the recommendations of Public Service Commission on 10.2.1987. He was promoted as Senior Civil Judge on 22.5.1999 and thereafter, he was further promoted as Additional District & Sessions Judge on 15.1.2002 and District & Sessions Judge on 10.4.2004. The respondent claimed that he, being qualified to be appointed as Judge High Court, was eligible for appointment against the post of Chairman Service Tribunal, hence was appointed as such by the Government vide notification dated 6.4.2011. He assumed the charge of the post of Chairman Service Tribunal on 6.4.2011. He further alleged that in his appointment notification, it was mentioned that the terms and conditions shall be determined later on. After a period of two months, vide notification dated 13.6.2011, the terms and conditions of petitioner?s service were determined as equal to the Judge High Court only during service and he has to retire from service as a civil servant. The respondent challenged the condition of notification regarding…