Law: Civil Servants Act, 1973

Section: 2(B)

Law: Constitution of Pakistan, 1973

Section: 199

Civil Servants Act, 1973 (LXXI of 1973)-- ----S. 2(b)--Constitution of Pakistan, 1973, Art. 199--Non-payment of arrears of allowance to petitioners--Benefit of allowance--Non-producing of any document regarding extension of benefit of allowance to counterparts of petitioners--Nature of duties--Maintainabilitys have not annexed any document, OM, instructions issued by Respondent No. 2 Finance Division or to explore that any of their counterparts from their departments were extended benefit of allowance while they have been discriminateds have not placed on record any of High Court or of Hon’ble Apex Court to explore that any set of employees, who are employed in their departments, performing same nature of duties was extended benefit of Allowance--Case of petitioners lacks merits and is also not maintainable--Petition dismissed. Constitution of Pakistan, 1973-- ----Art. 25--Absence of pre-requisite--Principle of reasonable differentia--Right bestowed under Article 25 of Constitution can only be pressed into service when not only designation of employees should be identical but their nature of job should also be alike--In absence of latter pre-requisite, ground of discrimination cannot be pressed into service being hit by principle of reasonable differentia. JUDGMENT Through the instant writ petition, petitioners have prayed for a direction to be passed to the respondents to grant them 20% Secretariat Allowance (“Allowance”), admissible to them from the date when others were paid the same benefit. 2. The case of the petitioners is that they being Federal Government Employees are working in the Central Board of Film Censors, Islamabad (“CBFC”), which is at par with the attached departments of the Secretariat Group performing duties like other Federal Government Departments, who are enjoying the benefits of the Allowance pursuant to judgments passed in favour of the employees of different departments in W.P. No. 362/1992, CPLA No. 525/2007, W.P. No. 201/1994 and 375/376/1994, W.P. No. 2231/2016, W.P. No. 223/2006, W.P. No. 1574/2007, and W.P. No. 2837/2011. It is further averred that the judgments rendered in W.P. No. 1574/2007, W.P. No. 2231/2006 and W.P. No. 2837…

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