Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Serving in Afghan refugees organization--Retired from service--Posts were up-graded--Retrospective effect--Retrenched from service long after date by attaining age of superannuation--Principle of consistency and equality before law--Validity--Since Government itself has given effect to notice of up-gradation with retrospective effect for year 1991 and as such petitioners were entitled to up-gradation and retiring benefits in up-graded posts, in which they got retired--Petitioners being similarly placed employees" were also entitled to up-gradation and retiring benefits in up-graded posts, in which they got retired--Petition was allowed. [P. 89] A & B THIS JUDGMENT DELIVERED BY: ISHTIAQ IBRAHIM, JUSTICE:---.--- Sher Badshah, Syed Hussain Shah, Shah Jehan, Muhammad Jamal Badshah, Taj Farosh, Gohar Rehman and AbdulHamid, petitioners, craves the indulgence of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, with a prayer that:-- "On acceptance of this Writ Petition this Hon'ble Court may graciously be pleased to declare the acts and actions of Respondents and the impugned order communicated vide letter dated 22.9.2014 as without lawful authority and hence of no legal effect and this august Court may further be pleased to direct the respondents to act in the matter in accordance with law and to extend the benefit of up-gradation to the petitioner in the light of the office Memorandum dated 4.7.2011 issued by Respondent No. 1 and to issue the petitioner revised LPC and accordingly to revise his pension also with all ancillary back benefits." 2. Petitioners were serving in Afghan Refugees Organization as "Refugee Village Administrator (BPS-16)" who were appointed in the years, 1980, 1981 & 1984 respectively. After attaining the age of superannuation, they got retired from their service on different dates. After their retirement, the post of "Refugees Village Administrators" was upgraded from BPS-16 to BPS-17 by the Commissioner Afghan Refugees Khyber Pakhtunkhwaw.e.f. 01.01.2013, in pursuance of Establishment Division O.M. No. 8/150/2008-R-I dated…

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