Law:

Section:

(a) Laws (Continuance in Force) Order, 1958 as amended by Laws (Continuance in Force) (Amendment) Orders (IV of 1958) and (I of 1959)], Art. 6 Person joining Indian Civil Service prior to Partition subsequently taken in Civil Service of Pakistan Whether conditions of his service could not be altered without his consent¬---Order placing him under compulsory retirement whether could not be passed under Article. An order under Article 6 of the Laws (Continuance in Force), Order, 1958 as amended by the Laws (Continuance in Force) (Amendment) Orders, 1958 and 1959 was passed placing the petitioner under compulsory retirement. The petitioner was taken in the Indian Civil Service in 1936 by the Secretary of State for India, but was subsequently taken in the Pakistan Administrative Service and then in the Civil Service of Pakistan. It was contended that as the petitioner at the time of joining the Indian Civil Service in 1936 entered into a covenant, his service was governed by the covenant and his service could not be altered without his consent. Held, that while the conditions of service of persons appointed by the Secretary of State for India were guaranteed at the time of the Partition of British India in 1947, but it can hardly be doubted that those conditions could be changed. The conditions of service of persons appointed by the Secretary of State for India were changed from time to time before the Constitution of the Islamic Republic of Pakistan was enforced on 23rd of March, 1956 as well as by that Constitution and were recently altered by Laws (Continuance in Force) (Amend¬ment)' Orders, 1958 and 1959, which Orders have as great a force as a constitutional enactment passed by an assembly of the chosen representatives of the people of Pakistan. If the Fundamental Rights given to 80 million citizens of Pakistan could be taken away by the President there is no principle of law, justice, equity or common sense on which it could be held that the rights of the servants of the State could not be altered by the Laws (Continuance in Force) Order, 1958 as amended by Laws (Continuance in Force) (Amendment) Orders, 1958 and 1959. The State v. Dosso P L D 1958 S C (Pak.)…

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