Law:

Section:

Punjab Civil Servants Act (VIII of 1974)------Chap. II---Constitution of Pakistan, Arts.25 & 199---Constitutional petition---Maintainability-Civil service---Terms and conditions of service---Policy matters---Scope---Petitioners were employees of District Attorneys as well as Solicitor Department and their grievance was that they were also entitled to Judicial allowance, like employees of High Court---Validity---Grant or refusal of a particular allowance was a policy of government which could not be interfered with by High Court in exercise of constitutional jurisdiction---Petitioners fell within the administrative control of Punjab Government, whereas employees of High Court were not under the administrative control of Government of Punjab, as such no discrimination was being met with petitioners---Petitioners and employees of High Court were administered by two different organs of the State under different dispensation because High Court was an independent constitutional institution which had been authorized to determine terms and conditions of its employees whereas terms and conditions of service including salary and allowances in case of petitioners and their colleagues in the office of Solicitor were being regulated under Punjab Civil Servants Act, 1974 and rules framed thereunder---Constitutional Petitions were not maintainable as fixation of pay and allowances squarely fell within the domain of terms and conditions of a civil servant---High Court in exercise of constitutional jurisdiction declined to interfere in the matter---Petition was dismissed in circumstances. Government of Pakistan v. Messrs Indo Pakistan Corporation Ltd. and others PLD 1979 SC 723; Muhammad Farid Khatak v. Chief Secretary, Government of N.-W.F.P. and others 2009 SCMR 980 and Government of Pakistan v. Messrs Indo-Pakistan Corporation Ltd. and others PLD 1979 SC 723 ref. Sadaqat Ali v. Punjab Government 2008 PLC (C.S.) 1047 distinguished. M.A. Ghaffar-ul-Haq for Petitioners. Waqas Qadeer Dar, A.A.-G. for Respondents. ORDER IJAZ AHMED CHAUDHRY, J.--- Through the present constitutional petition Kanwar Ahmad Khan and five others petitioners, being employees in the office/offices of…

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