Law: Constitution of Pakistan, 1973

Section: 199,4,25

Constitution of Pakistan (1973)---   ----Arts. 199, 4 25---Constitutional petition---Civil service---Orderly allowance-Entitlement-Petitioner, who was granted BPS-20 on 31-5-1994 and BPS-21 from 10-12-1999, discharged his duties in the said pay scale till 2-3-2002 when he retired on superannuation---Orderly allowance, however was declined to the petitioner by the authorities on the ground that said allowance was admissible to those officers who had been drawing the same in their regular salary prior to retirement; and secondly that it was permissible to officers working in Punjab Secretariat---Petitioner had challenged said order on the premises that impugned act of authorities was discriminatory which amounted to negation of equal treatment---Validity---Orderly allowance was admissible to the officers holding posts in pay scale 20 or above, working in Punjab Secretariat---Only criteria to claim said allowance, was to be in grade 20 or above---No distinction between Secretariat and non-Secretariat employees could legally be made---Petitioner had performed the duties in pay scale 20 and employees in the Punjab Civil Secretariat drawing orderly allowance, were performing their duties in the same grade---No. distinction was legally permissible between the Secretariat employees and non-Secretariat employees, after enforcement of unified pay scale---Grant of orderly allowance to an officer in BPS-20 working in Punjab Civil Secretariat and refusal of allowing the same to non-Secretariat Officer, in the same pay scale; would offend against Arts.4 25 of the Constitution---Refusal of the allowance to the petitioner, in circumstances, was declared discriminatory and the classification as irrational---Decision of authorities contained in the impugned letter was declared to be illegal, void and of no legal effect--Petitioner was held to be entitled to orderly allowance from date of his retirement on superannuation.    Government of the Punjab through Secretary, Finance Department, Lahore v. Mubarik Ali Khan and 8 others PLD 1993 SC 375; Abdul Aziz Malik v. Chief Secretary, Government of the Punjab, Lahore and 2 others 1994 PLC (C.S.) 1134; Shireen Dil Khan…

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