Law: Constitution of Pakistan, 1962

Section: 176, 177

  (a) Constitution of Pakistan (1962), Arts. 176 & 177---Cate gories "a post connected with defence" and "civil post' in connection with the affairs of the Centre" specified in Art. 176---Held: mutually exclusive---Omission of category of the post connected with "defence" from Art. 177---Clear indication of Constitution-maker's intention to exclude that category from protec tion of Art. 177. Karamat Ullah Khan v. The Government of West Pakistan P L D 1966 Lah. 881; A. M. Khan Leghari v. The Government of Pakistan P L D 1965 Lah. 214; Pakistan v. Muhammad Ayub Khan P L D 1965 S C 661; Government of Pakistan and another v. S. A. H. Bokhary P L D 1961 S C 605 and Imdad All v. The Director of Remounts, Veterinary and Farms P L D 1966 Lah. 1031 ref. (b) Constitution of Pakistan (1962), Arts. 178(2) & 234---Civilians serving in connection with defence-Held: not excluded from purview of clause (2) of Art. 178-Terms and conditions of service of such persons relating to remuneration and age of superannuation guaranteed by Art. 234(1)-Cannot be abridged or varied to their disadvantage by "rules" as distinguished from "law"---Civilian Employees in Defence Services (Further Usefulness in Service) Rules, 1964, r. 5(1). Clause (2) of Article 178 of the Constitution (1962) must be held to include persons who are holding posts in connection with defence, even though such persons are excluded: from the purview of the earlier provisions relating to services. Sub-clause (a) of clause (2) of Article 178 lays down that "in the case of a person who is a member of an All-Pakistan Service or who is serving in connection with the affairs of the Centre" the rules prescribing the terms and conditions of service shall be made by the President. Here again the phrase "serving in connection with the affairs of the Centre" is wider than the phrase "a civil post in connection with the affairs of the Centre", as employed is the previous Articles. Thus the opening words used in clause (2) of Article 178 as well as those employed in sub-clause (a) of clause (2) clearly refer to all persons who are…