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Keywords: Illegal, Order, Establishment, Civil Service, Defence, Constitution, Trial Court, Petition, Service Rules, Province, Examination, Notice, Costs, Division, Defence Services, Government, Administrative Control, Reduction, Appointing Authority, Show-Cause Notice, Office, Prima Facie, Protection, Permanent Post, Orders, Federation, Disposed Of, Petitioner, Provisions, Period, Grievance, Constitution Of Pakistan, Show Cause Notice, Promotion, Finance, Evidence, Parties Result: Civil Appeal No. 135 of 1959 Suit No. 129 of 1958 JUDGMENT Salamatuilah Khan the petitioner filed in the Court of S. Moazzam Ali, Sub-Judge First Class, Karachi, for a declaration that he continued to be an Upper Division Clerk Grade 'B' with effect from the lst of September 1946 and his reduction to Lower Division Clerk is illegal and void.. The learned Subordinate Judge came to the conclusion that the petitioner was promoted as 'B' grade clerk with effect from the lst of May 1948 and gave him a declaration that the order of his reduction as Lower Division Clerk since after that date was illegal, void and ineffective. 2. The Government challenged this order in before Mr. Ahsanul Haq Kureshy, the then Additional District Judge, Karachi. The learned Additional District Judge reversed the finding of the trial Court mainly on the ground that the petitioner was appointed as Upper Division Clerk in the office of Military Accounts and as such he was a servant employed in connection with military and defence services and section 240(3) of the Government of India Act, 1935, will not be applicable to his case. The petitioner is aggrieved by the judgment of the Additional District Judge, Karachi, dated the 31st of May 1960 and has challenged it in this revision] petition before me. 3. Syed Mushtaq Hussain, the learned counsel for the establishment and are not governed or the protection late Constitution, the appeal against petitioner, has urged before me that the Military Accounts service of the Government of Pakistan is not essentially a part of the military establishment but is a civil service solely under the administration of the Ministry of Finance. The Jearned counsel has referred me to…

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