Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S.44(2)(a)(i)---Writ of mandamus---Issuance of---Civil service--­Government of Azad Jammu and Kashmir had adopted rule of parity through Notification whereby all gazetted and non-gazetted employees of Azad Kashmir Government were equated with their counter-parts in Punjab (Pakistan) with respect to their pay and privileges---Petitioner through writ petition had sought writ of mandamus against Authorities to implement the said notification on principle of parity --Petition was resisted contending that as the matter pertained to jurisdictional competence of Service Tribunal because it dealt with terms and conditions of service, writ petition before High Court was not maintainable---Validity---Petitioner had sought direction to the Authorities to act upon their notification in accordance with law--­Petitioner had not sought quashing of any Government action or any order affecting terms and conditions of his service, but only a direction to act in accordance with law and notification regarding rule of parity---Power to issue a direction to that effect vested in High Court under S.44 of Azad Jammu and Kashmir Interim Constitution Act, 1973---Petition was maintainable in circumstances. (b) Legislation--- ---- Retrospectivity was sole prerogative of Legislature and no notification. Government order or administrative order could be given retrospective effect. Islamic Republic of Pakistan v. Mazhar-ul-Haq and others 1977 SCMR 509; Muhammad Suleman and others v. Abdul Ghani PLD 1978 SC 190; Fazal Ahmad v. Ziaullah Khan PLD 1964 SC 494 and Justice (Rtd.) Qazi Abdul Ghafoor v. A.K. Government 1996 CLC 1556 ref. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)----- ----S.4 & Fundamental Rights Nos.15 & 17---Civil service---Equality of State Subjects and safeguard against discrimination in service---When a substantive right had accrued to a person, it could not be snatched by Government through an executive order by giving it retrospective effect---To remove discrimination and to give a right to a person, however, was a separate matter ---Azad Jammu and Kashmir Interim…

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