Giving the order of stay, a division bench comprising Justice Syed M Dastagir Husain and Justice Mamnoon Rahman issued rule upon the government to explain why the notifications regarding the postings of the officials, ranking from deputy secretary to secretary, "should not be declared unconstitutional".

The court orders came upon a writ petition challenging the validity of the notifications issued on December 4.

The petitioner contended that the notifications were issued "in violation with the Constitution".

Moving the petition, Barrister Omar Sa'dat submitted that the notifications were issued by the interim nonparty caretaker government in violation of the Article 58D (1) of the Constitution.

The Constitution has barred the interim government from making any policy decision like promotion of the civil servants, the counsel told the court, citing Article 58D(1).

It says the non-party government shall discharge its functions as an interim government and shall carry on the routine functions of such government with the aid and assistance of people in the services of the Republic. And, except in the case of necessity for the discharge of such functions, it shall not make any policy decision.