Law: Constitution of Pakistan, 1973

Section: 25,199

Constitution of Pakistan--- ----Arts.25 199---Constitutional petition---Equality of citizens---Discrimination in granting allowance---Reasonable differentia---Scope---Petitioners prayed for a direction to be issued to the respondents to grant them 20% Secretariat Allowance in the similar manner as various other Federal Government employees were being granted---Validity---Petitioners had not annexed any document, Office Memorandum, instructions issued by the Finance Division or to explore that any of their counterparts from their department was extended the benefit of the allowance while they had been discriminated---Article 25 of the Constitution could only be pressed into service when not only the designation of the employees should be identical but their nature of job should also be alike---In absence of the latter pre-requisite, the ground of discrimination could not be pressed into service being hit by the principle of reasonable differentia---Petitioners had not tendered any document to show that their job status on all scores including their nature of duties had been equal with the ones who were extended the benefit of the allowance---Constitutional petition was dismissed. 1996 SCMR 115; 2005 SCMR 199 and 2009 SCMR 01 ref. I.C.A. No.1102 of 2013 rel. JUDGMENT ARBAB MUHAMMAD TAHIR, J.----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.…

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