| Citation(s) |
|---|
| 2017 SLG 973 2017 SLD 973 2017 PLJ 73 |
Peshawar High Court
Writ Petition No. 3509-P/2014, decided on 28.10.2016. Date of hearing: 29.9.2016
ROOH-UL-AMIN KHAN, JUSTICE
Mr. Abdul Latif Afridi & Aamir Javed, Advocates for Petitioners. Syed Sikandar Hayat Shah, AAG for
Respondents.
Writ Petition No. 3509-P/2014, decided on 28.10.2016. Date of hearing: 29.9.2016
ROOH-UL-AMIN KHAN, JUSTICE
Mr. Abdul Latif Afridi & Aamir Javed, Advocates for Petitioners. Syed Sikandar Hayat Shah, AAG for
Respondents.
HAFIZ MUHAMMAD ILYAS AND 6 OTHERS ERS
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH CHIEF SECRETARY, PESHAWAR CIVIL SECRETARIAT AND 3 OTHERS --RespondentS
Law:
Section:
K.P.K Civil Servants Act, 1973 (XVIII of 1973)-- ----S. 17--Terms and conditions of service of civil servant--Emoluments--Validity--Civil servant appointed to a post shall be entitled, in accordance with rules, to pay sanctioned for post. Salary-- ----Employees of police department--Deprived of certain emoluments/allowance, already granted to similarly placed employees working in police department--Special allowance--Validity--"Salary" of a civil servant is a fixed amount regularly paid as compensation to employee, whereas pay means an amount received by a civil servant including other emoluments i.e. allowances. K.P.K Service Tribunals Act, 1974-- ----S. 4--Terms and conditions of civil servant--Civil servants claiming grant of allowances already granted to employees of different cadre of province as well in police department--Deprived of emolument--Any civil servant aggrieved by any final order, whether original or appellate, made by departmental authority in respect of terms and conditions of his service, may within thirty days of communication of such order to him prefer an appeal to tribunal having jurisdiction in matter. Constitution of Pakistan, 1973-- ----Art. 212--K.P.K. Civil Servant Act, 1973, S. 17--Civil servant--Salary--Terms and conditions of civil servant--Jurisdiction--Employees of police department--Deprived of emoluments/ allowance already granted to similarly placed employees working in police department--Uniformed police personnel perform risky duty day and night--Question of-Whether payment of allowances to civil servant falls in terms and conditions of service--Validity--High Court cannot entertain a constitutional petition as service tribunal alone is appropriate forum having jurisdiction to deal with matters relating to terms and conditions of civil servants--Claim of petitioners with regard to issuance of direction for preparing proper service structure providing promotion benefits to petitioners on touchstone of fundamental rights of civil servants, also falls within jurisdiction of service tribunal--Services tribunals are fully competent to entertain and decide cases wherein vires of service rules or notification even challenged on…
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