Law:

Section:

Constitution of Pakistan--- ----Arts. 4, 25 & 199---Constitutional petition---Civil service---Discrimination---Selection grade---Pensionary benefits claimed by widow of deceased civil servant---Scope---Selection grade awarded to similarly placed colleagues of the deceased civil servant---Claim of widow regarding pensionary benefits of selection grade was rejected by the department---Contention of the widow of deceased civil servant was that department granted selection grade to the juniors of her deceased husband and as such she was entitled to equal treatment of law---Validity---Selection grade had been granted to Office Superintendents with effect from the date on which deceased civil servant/husband of the petitioner/widow was in service---Deceased husband of the petitioner was senior to those similarly placed incumbents who were retired from service during the pendency of litigation but were given selection grade in the light of s of Service Tribunal and Supreme Court---Deceased husband of the petitioner, in circumstances, could not be discriminated against by the department for the reason of raising the matter at a belated stage---Widow of deceased civil servant was entitled for the same treatment---Department was directed to treat the deceased husband of the petitioner at par with the persons who had been given benefits of selection grade despite his retirement---Petitioner/widow of deceased civil servant was declared entitled to pensionary benefits by inclusion of the benefits of selection grade into pension---Constitutional petition was allowed. JUDGENT MIAN FASIH-UL-MULK, J.--- Petitioner is the widow of late Abdur Rahim, who was serving in the Education Department as Superintendent (PBS-16) and stood retired as such on 5-12-1995. The Provincial Government, however, on 30-10-1993 vide No.FD(PRC)/4-1/91 had adopted the policy to grant 33% selection grade (BPS-17) to holder of the posts of Administrative Officer etc. (BPS.16) along with Superintendents on joint seniority list but subject to the conditions that the Administrative Department/Services and General Administration Department shall change the method of appointment to the post of…

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