1۔ Rules 2 & 5 — Post of Planning Officer abolished — The order did not specify any date from which it was to take effect which means that the order took immediate effect — According to rule 2 post of Planning Officer stood abolished and a new post of Deputy Director was created. This is a situation which according to rule 5 should have been avoided. Rule 5 provides that while upgrading a post it must be provided that the upgradation would take effect from the date on which a person is appointed but the Government did not follow this requirement and abolished the post with immediate effect and created a situation which should have been avoided. Dr. Kh. Mushtaq Ahmad v. Azad Govt & others 1995 SCR 128 (A)