| Citation(s) |
|---|
| 2020 SLG 1578 2020 SLD 1578 2020 SCMR 1689 |
Supreme Court of Pakistan
Civil Appeals Nos. 429, 430 and 442 of 2020, hearing &decision Dated: 20-07-2020 (Against the judgment Dated12.04.2019 passed by the Balochistan Service Tribunal,Quetta in Service Appeals Nos. 195 and 404 of 2017 and 326of 2016)
IJAZ UL AHSAN, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Ayaz Khan Swati, Additional A.G. Balochistan for Appellant.M. Rauf Atta, Advocate Supreme Court for
Respondents Nos. 1, 3 to 6 (in C.A. No. 429 of 2020).Nemo for
Respondents (in C.As. Nos. 430 and 442 of 2020).
Civil Appeals Nos. 429, 430 and 442 of 2020, hearing &decision Dated: 20-07-2020 (Against the judgment Dated12.04.2019 passed by the Balochistan Service Tribunal,Quetta in Service Appeals Nos. 195 and 404 of 2017 and 326of 2016)
IJAZ UL AHSAN, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Ayaz Khan Swati, Additional A.G. Balochistan for Appellant.M. Rauf Atta, Advocate Supreme Court for
Respondents Nos. 1, 3 to 6 (in C.A. No. 429 of 2020).Nemo for
Respondents (in C.As. Nos. 430 and 442 of 2020).
GOVERNMENT OF BALOCHISTAN THROUGH CHIEF SECRETARY QUETTA AND OTHERSVSDR. MUHAMMAD TARIQ JAFAR AND OTHERS
Law: Limitation Act, 1908
Section: 5
Law: Constitution of Pakistan, 1973
Section: 25
(a) Limitation Act (IX of 1908)--- ----S. 5---Constitution of Pakistan, Art. 185---Appeal to Supreme Court---Condonation of delay---Scope---Three appeals filed before the Supreme Court against the same of the Service Tribunal---Two appeals barred by time, whereas one filed within time---Held, that admittedly one of the three appeals was filed within time---Further, important questions of law had been raised in the three appeals and in order to avoid legal complications and anomalous situations arising out of the of the Tribunal being left intact in appeals which were barred by time and possibly setting aside the same in the appeal which was filed within time, a case had been made out for condonation of delay---Accordingly, applications for condonation of delay were allowed and the delay caused in filing the two appeals was condoned. (b) Constitution of Pakistan--- ----Art. 25---Civil service---Distinct and separate groups---Intelligible differentia---Orderly allowance and special additional pension in lieu of such orderly allowance after retirement ('allowances in question'), payment of---Doctors working in teaching cadre as Professors (BS-20) in Province of Balochistan not paid allowances in question, whereas, officers and employees of Grade-20 and above working in the Civil Secretariat of the Province of Balochistan, the Federal Government as well as the other Provinces (Punjab, Sindh and Khyber Pakhtunkhwa) paid the allowances in question---Whether the doctors were discriminated against---Held, that respondents by reason of their job descriptions, service structure, emoluments and allowances constituted a distinct and separate group of officers compared to the Secretaries and other officials placed in Grade-20 and above in Balochistan Civil Secretariat---Intelligible differentia existed between the two sets of officers which could easily be differentiated and such differentiation was clearly understood as logical and lucid and it was neither artificial nor contrived---Furthermore respondents had and continued to be adequately and sufficiently compensated by reason of special allowances which were specific and germane to their cadre and were not available to…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492