Law: Constitution of Pakistan, 1973

Section: 199,212,25

(a) Constitution of Pakistan (1973)---   ----Arts. 199 212---Constitutional jurisdiction of High Court---Scope---Civil service---Objection to jurisdiction of High Court---Prayer of the petitioner clearly revealed that neither any final nor appellate order of the departmental authorities was under challenge before the High. Court rather a direction was sought which could be issued in exercise of powers under Art.199 of the Constitution--Principal object behind all legal formalities was to safeguard the paramount interest of justice---Legal precepts were devised in order to impart certainty, consistency and uniformity to administration of justice to secure the same against arbitrariness, errors of individual s fides.    Secretary Revenue v. Muhammad Saleem 2008 SCMR 948; Mrs. Munawar Sanni v. Director Army Education 1991 SCMR 135 and Administrator District Council Larkana and others v. Gulab Khan and 5 others 2001 SCMR 1320 fol.   (b) Constitution of Pakistan (1973)---   ----Arts. 199, 25 212---Constitutional petition---Civil service---Benefit of judicial allowance-Equality before law---Contentions of the petitioner, a staff officer of the Advocate-General Office, were that the petitioner and his similarly placed colleagues were discriminated without any cogent reasons particularly keeping aside the strong recommendations of the administrative department, extending the same benefit in the office of Attorney-General for Pakistan, and all the High Courts of Pakistan and such action of the Authorities virtually offended Art.25 of the Constitution which called for interference of the High Court under Art. 199 of the Constitution--Validity---Held, petitioner and his colleagues were being made the subject of discrimination because the similarly placed employees were admittedly enjoying the benefits in question which the petitioner and his colleagues were claiming but they were being deprived of same without any cogent reasons and justification---Article 25 of the Constitution guaranteed equal treatment before law and equal protection of law to all citizens similarly placed which was being violated in present case by the authorities,…

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