Case Details

Citation(s)
2013 SLG 1859 2013 SLD 1859 2013 PLC 717
Lahore High Court
Writ Petition No.20968 of 2009, decision dated: 31st October, 2012
MUHAMMAD KHALID MEHMOOD KHAN, J

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MUHAMMAD AKRAM and 180 others

VS

GOVERNMENT OF PAKISTAN through Secretary Ministry of Law and Justice, Islamabad and 4 others

Law:

Section:

(a) Constitution of Pakistan--- ----Art. 25--- Equality of citizens--- Reasonable classification---Principle---Provisions of Art.25 of the Constitution forbids class legislation but permits reasonable classification for the purpose of legislation which classification must satisfy twin tests of classification being founded on intelligible differentia which distinguishes persons or things that are left out of the group and that differentia must have a rational nexus to the object sought to be achieved by the statute in question. (b) Constitution of Pakistan--- ----Arts. 25 & 199---Constitutional petition---Equal treatment---National Judicial Policy Making Committee (NJPMC), recommendations of---Petitioners (employees) were working in different courts established under Federal laws---Grievance of petitioners was that they had not been given benefits which similarly placed employees working under different provincial High Courts were getting on recommendations of NJPMC---Validity---Authorities did not deny that establishment of High Courts of Lahore, Sindh and Quetta were getting allowances detailed in recommendations of NJPMC---Petitioners were admittedly placed in similar category in which employees of district judiciary and establishment of High Courts of provinces were working and as such petitioners were entitled for the same treatment---Similarly placed employees of District Judiciary, establishment of High Courts were getting benefits under recommendations of NJPMC but petitioners were being deprived of the same---Such denial of authorities was in violation of Art.25 of the Constitution and the same was declared without lawful authority---Petitioners were entitled to get benefits under recommendations of NJPMC as confirmed by authorities---Petition was allowed accordingly. Government of Balochistan v. Azizullah Memon and others PLD 1993 SC 341 (370); Salman Adil Siddiqui v. Province of Sindh 2008 PLC (C.S.) 220; Abdur Rashid v. Secretary Establishment Division 1991 SCMR 1288; Attiyya Bibi v. Federation of Pakistan 2001 SCMR 1161; Muhammad Akram v. Selection Committee 2003 CLC 18; Government of Punjab v. Mubarak Ali PLD 1993 SC 375; Mian Mehmood Ahmad v.…
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