Law: Constitution of Pakistan 1973

Section: 212(3)

(a) Constitution of Pakistan (1973)------- Art. 212(3)---Secretariat Group Service Rules, R.9 --- Establishment Division Office Memorandum No.2/2/75/ARC, dated 21-2-1974 para.10 read with Presidential Order/Office Memo. No.16/4/79-AV, dated 8-8-1979 --- Leave to appeal was granted to examine whether R.9 of the Secretariat Group Service Rules, para.10 of Establishment Division Office Memorandum No.2/2/75-ARC dated 21-2-1975 read with Presidential Order Office Memo. No.16/4/79-AV dated 8-8-1979 had not the effect of entitling the appellants who had rendered Army Service as Brigadier, to count such service for the purpose of seniority as Joint Secretary in the Federal Government after their appointment as Join Secretaries.(b) Secretariat Group Rules---R. 9 --- Seniority --- Seniority has been formally expressed in R.9 of the Rules which provides, for continuous regular officiation in Grade 20.(c) Civil Servants (Change or Nomenclature of Services and Abolition of Classes) Rules, 1973------'Grade'---'Services'---Definition --- National Scales of Pay were available only to Civil Servants --- Rank of Brigadier of a person appointed as Joint Secretary by the Federal Government was thus alien to the Rules.--[Words and phrases].The word 'Grade' has been defined in the Civil Servants (Change of Nomenclature of Services and Abolition of Classes) Rules, 1973 in the following words:--"'Grade' means a National scale of Pay in which a post or group of Posts is placed;'I services Of the Federation'. 'Services' has been defined in the same Rules as 'civil Not only the Act under which these Rules were framed but the rules framed but the Rules themselves were confined in their operation to the civil services. There was no comparison, no equation and no reference to any grade, ' scale, or 'rank' outside the civil services. Hence, the rank of Brigadier was totally alien to the Rules in which the word , grade' is defined and also in the Act under which those Rules were framed.The National Scales of pay were also, available only to civil servants.(d) Secretariat Group Rules------- R. 9 --- Presidential order/Office Memorandum No.16/4/79-AV, dated 8th August, 1979 --- Seniority ---…