Law:

Section:

(a) Constitution of Pakistan---Art. 185(3)---Limitation Act (IX of 1908), S. 5---Time-barred petition for leave to appeal before Supreme Court---Condonation of delay---Scope---Matter of public importance---Effect---Matter concerning entitlement of government officers to orderly allowance---Although reasons enumerated in the condonation of delay application were not convincing but at the same time it was an established fact that the matter was one of public importance and would affect a number of government employees---Whenever the Supreme Court was faced with such a situation, it had used its discretion to condone the delay and decide the case on merits. Commissioner of Income Tax and others v. Messrs Media Network and others PLD 2006 SC 787 ref. (b) Civil service--- ----Orderly allowance, entitlement to---Document, interpretation of---Retired judicial officer claimed payment of orderly allowance and its inclusion in his pensionary benefits---High Court allowed constitutional petition filed by retired judicial officer and declared that he was entitled to orderly allowance and its inclusion in his pensionary benefits in view of provisions of two letters issued by Provincial Finance Department---Pleas of Provincial Government were that in view of the said two letters, orderly allowance was only available to officers holding post in BPS-20 or above, who were working in Punjab Civil Secretariat and that retired judicial officer in question never served in Punjab Civil Secretariat, therefore, he was not entitled to orderly allowance---Validity---First letter issued by Provincial Finance Department led to only one interpretation i.e. "orderly allowance would only be available to officers of BPS-20, 21 & 22 working in Punjab Civil Secretariat who followed certain procedure"----Said letter made it clear that officers who had been working in the Punjab Civil Secretariat were the only ones entitled to orderly allowance---Second letter issued by Provincial Finance Department provided for payment of additional pension equal to "admissible" pre-retirement allowance---Interpretation of word "admissible" was that only those officers were entitled to additional benefit of…

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