Law:

Section:

Service Tribunals Act (LXX of 1973)--- ----S.4---Constitution of Pakistan, Art. 212(3)---Special allowance---Applicability---Factual controversy---Plea not raised---Authorities declined special allowance to civil servants which was sanctioned by government---Service Tribunal allowed appeal filed by civil servants and found them entitled to special allowance---Plea raised by authorities was that civil servants were not working against posts of technical nature, therefore, technical allowance was not available to them---According to Service Tribunal, paragraph applicable to civil servants clearly indicated that special allowance was available to the posts against which civil servants were working---Plea raised by authorities was based on factual premise and was not raised in the grounds of petition filed before Supreme Court---Authorities failed to refer any document to support the premise on which it had tried to build-up its case---Point of limitation was neither taken by authorities in its parawise comments submitted before Service Tribunal nor it was raised during arguments---Judgment passed by Service Tribunal decided the matter on merits and was unexceptionable---Authorities failed to raise a question of law of public importance within the meaning of Art. 212(3) of the Constitution to warrant interference---Leave to appeal was refused. ORDER TASSADUQ HUSSAIN JILLANI, J. ---This order shall dispose of Civil Petition Nos. 1158 and 1159 of 2009 as both are directed against the same consolidated judgment. 2. Seeks leave to appeal against the judgment dated 26-3-2009 passed by the Federal Service Tribunal vide which -Respondents' appeals (Inspector and A.S.-I. working in Telecommunication Wing of the Islamabad Capital Police) were allowed anti it was held that in terms of paragraph 15 of the Notification issued by the Finance Department dated 4-9-2001, they were entitled to the special pay/allowances. 3. Learned Law Officer does not find cavil with the import of paragraph 15 referred to above but submits that the -Respondents would not be allowed the benefit of the said paragraph as they were not working in the Telecommunication Wing of the Islamabad Capital…

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