Law:

Section:

Career Structure for Health Personnel Scheme Ordinance (VI of 2011)--- ----Preamble---Employees of Health department---Grant of health allowance---Health personnel---Health allowance was not granted to the petitioners-employees on the ground that they were not rendering services in the hospitals---Writ petition filed by the employees was allowed---Validity---Health personnel in Health Department of Azad Jammu and Kashmir were entitled for health allowance as admissible to health personnel in the Federal Government---Azad Jammu and Kashmir Government had granted health allowance to the health personnel in health Department of Azad Jammu and Kashmir---Petitioners-employees were serving in health department and they were delivering services in health sector---Petitioners were health personnel, in circumstances, and were entitled for health allowance---Impugned did not suffer from any illegality or infirmity---Appeal was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, J.---- The captioned appeal by leave of the Court arises out of the judgment of the High Court dated 27-4-2018, whereby the writ petition filed by the respondents, herein, has been accepted. 2. The facts forming the background of the captioned appeal are that the respondents, herein, filed a writ petition before the Azad Jammu and Kashmir High Court alleging therein that they are serving in the Directorate of Malaria (CDC) in the Azad Jammu and Kashmir Health Department. It was stated that all the staff is working in the field area and the staff which is deputed in the office is also working in relevant laboratories for prevention of dengue fever etc. It was provided that the Government of the Azad Jammu and Kashmir vide notification dated 14.09.2015 granted the facility of the health allowance to the employees serving in the health department. It was stated in the notification that all the employees serving in the health department would be eligible to health allowance, but the respondents, herein, have arbitrarily been ignored. It was stated that they have been discriminated because the similarly placed other employees serving in D.H.O. office and ADHO (CDC) are…

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