Case Details

Citation(s)
2022 SLG 2331 2022 SLD 2331 2022 SCMR 2047
Supreme Court of Pakistan
Civil Petition No. 2944 of 2019, decided on 18th August, 2022.
UMAR ATA BANDIAL, C.J., IJAZ UL AHSAN AND SAYYED MAZAHAR ALI AKBAR NAQVI, JJ
Syed Asghar Hussain Sabzwari, Advocate Supreme Court and Mehmood A. Sheikh, Advocate-on-Record for Petitioners.

ABDUL REHMAN and others

VS

SECRETARY, MINISTRY OF COMMUNICATION and others

Law:

Section:

Civil service--- ----Deputationist---Special allowance of one months pay admissible to regular employees---Whether deputationists were also entitled to such special allowance---Held, that petitioners were not the regular employees of the National Highway and Motorways Police and they only served as deputationists on different posts at different intervals---Terms and conditions of service of officials transferred to National Highway and Motorway Police on deputation had been settled vide an office memorandum---At the time of their deputation, the petitioners were duly informed about the terms and conditions of service being deputationist but they never raised any objection at that time---Although in the said office memorandum, the officials on deputation had been held entitled to several allowances but it was nowhere mentioned that the special allowance of one months pay would also be admissible to them---High Court had rightly observed that both categories of regular and deputationist employees were distinct and the petitioners did not enjoy the status of regular employees---Neither any legal right was available with the petitioners to claim the benefit of special allowance in question nor the question of infringement of any of their vested rights arose---Petition for leave to appeal was dismissed and leave was refused. Nemo for the Respondents. Date of hearing: 18th August, 2022. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have called in question the judgment dated 24.04.2019 passed by the learned Islamabad High Court, whereby the writ petition filed by the petitioners, praying that they may be treated at par with the other regular employees of the respondent department and given special allowances, was dismissed. 2. Briefly stated the facts of the matter are that the petitioners performed their duties in the National Highways and Motorways Police (NH MP) as deputationists on different posts at different intervals. Beside other allowances, an allowance equal to one month's pay was admissible to the regular employees of the NH MP but the…
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