Law:

Section:

Civil service-------Pensionary emoluments---Risk allowance and fixed daily allowance, entitlement to---Period of leave preparatory to retirement---Police official, after completion of 26 years of service applied for leave preparatory to retirement with effect from 1-1-2009 to 31-12-2009, which was duly allowed---Pensionary dues of police official were calculated by the police department out of which a deduction of Rs.81,900 was made on the basis that he was not entitled to risk allowance and fixed daily allowance on account of Punjab Government Notification No.8904/FI dated 26-5-2009---Police official filed constitutional petition before High Court contending that department had made the deduction illegally under the garb of the said notification---High Court allowed the constitutional petition and held that police official could not be deprived of risk allowance and fixed daily allowance under the garb of the notification in question---Plea of department that in view of notification in question benefit of risk allowance and fixed daily allowance could only be availed by officers on duty and any officer who was on leave for a period of more than 4 months could not avail the allowances---Validity---Admittedly police official was on leave from 1-1-2009 to 31-12-2009---Notification in question stated that an officer who was on leave for a period beyond 4 months, was not entitled to risk allowance and fixed daily allowance---Department had rightly made deductions from pensionary emoluments of police official---Impugned order of High Court was set aside and it was held by Supreme Court that police official was only entitled to 4 months risk allowance and fixed daily allowance, and if any deductions for the 4 months period had been made from his pensionary emoluments, the same might accordingly be adjusted---Appeal was allowed accordingly. Ms. Salma Malik, Additional A.-G. for Appellants. M. Walayat Umar, Advocate Supreme Court for Respondent. Date of hearing: 2nd May, 2013. JUDGMENT IQBAL HAMEEDUR RAHMAN, J.---The instant appeal is directed against the order dated 5th April, 2010, passed by the learned Lahore High Court, Lahore in Writ Petition No.3950 of 2010,…

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