Law: Constitution of Pakistan (1956)

Section: 180,181

Law: Government of India Act, 1935

Section: 235,236,237,240(3)

(a) Constitution of Pakistan (1956), Arts. 180 & 181-Govern ment servant-Safeguards against arbitrary dismissal, etc. not available to Armed Forces and civil personnel employed in Defence Establishment and paid out, of Defence EstimatesGovernment of India Act, 1935, Ss. 235, 236, 237 & 240 (3).   The Armed Forces, and the civil personnel employed in Defence Establishment and paid out of Defence Estimates were excluded from the purview of Part X, Chapter II of the Govern ment of India Act, 1935 and, therefore, the safeguards against arbitrary dismissal, etc. contained in section 240 (3) of the Act did not avail to them.   The Court reached the same conclusion from the com parative reading of Articles 180 and 181 in Chapter I of Part X of the 1956 Constitution which relate to the Services of Pakistan. It is important to observe that unlike the provisions of the Constitution Act the 1956 Constitution did not contain any separate provision relating exclusively to Defence Services as distinct from Civil Services. Article 180 (a) of the 1956 Constitution sets opt various categories of persons in the Service of Pakistan who held office during the President's pleasure, and included both the Defence and Civil Services.   Persons holding posts connected with defence are a category of persons distinct from members of a defence service and holders of civil posts in connection with the affairs of the Federation.   Constitutional safeguards in, Article 181(1) and (2) against arbitrary dismissal, etc. do not avail the members of a defence service and holding posts connected with defence and in that respect the two categories of persons stand on the same footing. A fortiori the constitutional safeguards provided in Article 181 of the 1956 Constitution did not apply to the petitioner and his writ petition is not competent.   Notification No. 860/55, issued by the Government of Pakistan on the 14th of October 1955, whereby a number of civilian posts under the Ministry of Defence set out in Schedules I and 11 to the notifications were "included" in General Central Services Class I (gazetted and General Central Services Class II…