Administrative Order

Absence of requisite statutory provisions or Rules or Regulations could not be filled through administrative orders.

Appellants being pilots were initially selected for training of Boeing-777 in U.S.A. but later on they were directed to attend Airbus-310 Technical Course

Appeal filed by the appellants, against the order directing change in course was dismissed by Service Tribunal

Contention of the authorities was that the selection of appellants was `probable selection'

Plea raised by the appellants was that they had been discriminated and the provisions as contained in Administrative Order No.17/2001 (Cockpit Crew Service Rules), dated 17-7-2001, were misinterpreted and misconstrued by Service Tribunal

Validity

Appellants were finally

Administrative order or Notification would not operate retrospectively to disadvantage of person affected by it.

Concession on administrative exigencies cannot deter or detract the operation of law or alter the legal position emerging on a scrutiny of a specific provision in an enactment

Agreement against the statute cannot hold good.

Subject to control of High Court, if passed under a law in respect of some "justiciable right" such order having materially departed from procedure prescribed by law-[Tariq Transport Co. v. Sargodha

Bhera Bus Service P L D 1958 S C (Pak.) 437 and Chief Commissioner, Karachi v. Mrs. Dina Sohrab Katrak P L D 1959 S C (Pak.) 45 ref.]

Administrative order-Removal, by Provincial Government, of Trustee, of Lahore Improvement Trust under S. 10 (d), Punjab Town Improvement Act (IV of 1922)-Administrative Authority's duty to act justly, fairly and reasonably-Writ Jurisdiction of High Court-Case for direction under Art. 170-Notice to show cause-Necessity of, even where notice not prescribed by law.