Law:

Section:

Punjab Public Service Commission Ordinance (11 of 1978)-------Ss. 4, 5 & 10 [as amended by Punjab Public Service Commission (Amendment) Ordinance (XIII of 1993)]---Punjab Public Service Commission (Conditions of Service) Rules, 1978, R. 4 [as amended in terms of S.10, Punjab Public Service Commission Ordinance, 1978]---Constitution of Pakistan (1973), Arts. 128, 264 & 199---Constitutional petition---Status and emoluments of BS-21 granted to Members Public Service Commission on basis of amendment of Ss. 4 & 5, Punjab Public Service Commission Ordinance, 1978 through Punjab Public Service Commission (Amendment) Ordinance, 1993---Said Amending Ordinance was subsequently repealed in terms of Art. 128 of the Constitution thereby reverting status of Members of Public Service Commission to BS-20---Validity---Amendments made in Punjab Public Service Commission (Conditions of Service) Rules, 1978 in exercise of powers conferred by S.10, Punjab Public Service Commission Ordinance, 1978, whereby BS-21 was granted to Members of Public Service Commission remained intact and had not been done away with--­Notwithstanding promulgation and repeal of Amending Ordinance XIII of 1973, each Member of Public Service Commission was entitled to BS-21--­Denial of BS-21 to Member was, thus, without lawful authority and of no legal effect---Amending Ordinance XIII of 1993, having been repealed under Art. 128 of the Constitution, would not affect previous operation thereof, in terms of Art. 264(b) of the Constitution---Petitioner's case would also be coyered in terms of Art. 264(c) of the Constitution, for, petitioner having acquired right and privilege under Amending Ordinance XIII of 1993, repeal thereof, would not affect their rights and privileges---Each petitioner besides having attained status of BS-21 was also entitled to serve tenure of 7 years or till the age of 63 years whichever was earlier on' basis of amendment effected in Punjab Public Service Commission (Conditions of Service) Rules, 1978 from specified date when amendment was effected therein. Government of Punjab through Secretary, Home Department v. Zia Ullah Khan and 2 others 1992 SCMR 602; Syed Fayyaz…

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