Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Petitioners were regular employees--Announcement of policy regarding promotion--Criteria of promotion--Interviews were conducted--Revision of promotion policy after completion of entire process of interview--Retrospective effect--Substantional right of person--Direction to--Petitioners for their promotion was taken up by respondents under promotion policy of 2016 and whole process or interviews was completed there under, then respondents were required under law to have issued Notification of promotion or petitioners under same policy, as said policy was beneficial to them, which could not be legally taken away from them on any ground whatsoever--It is by now settled that Notification or Policy, which provide benefits, it would be applicable with retrospective effect and where a policy or Notification taking a way certain benefits or substantial right of a person would be applicable prospectively--Thus, respondents could not give retrospective effect to policy or 2017, when they have already conducted inter views or petitioners in light of policy or 2016, as benefits provided in former policy were altered through latter policy, thereby taking away certain provisions beneficial to petitioners--Therefore, revised policy, which was issued alter completion or entire process or interview or petitioners, would not be applicable to their case-Respondents are directed to finalize the case of promotion of the petitioners in accordance with the promotion policy of the year, 2016, forthwith--Petition was Allowed. 2012 SCMR 619 & 2012 SCMR 864, ref. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.- Through the instant Constitutional petition, filed under Article 199 of the Constitution of Islamic Republic or Pakistan, 1973 Petitioners have made the following prayer: "It is, therefore, humbly prayed that on acceptance of instant writ petition, President Office Circular Bearing No.02/2017 dated 30.11.2017 may graciously be ordered to be set aside and President Office Circular Bearing No.06/2016 dated 28.10.2016 be revived and the respondents be directed to promote the petitioners in the wake…

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