| Citation(s) |
|---|
| 2020 SLG 1718 2020 SLD 1718 2020 PLC 665 |
Sindh High Court
C.P. No. D-2428 of 2018, heard on 13-09-2018
IRFAN SAADAT KHAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Naseer Ahmed Khan for Petitioner.
C.P. No. D-2428 of 2018, heard on 13-09-2018
IRFAN SAADAT KHAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Naseer Ahmed Khan for Petitioner.
GHULAM HUSSAIN SHAIKH
VS
PROJECT DIRECTOR, SMBB TOWNS AND OTHERS
Law:
Section:
Civil service ----Deputation allowance grant of---Scope---Petitioner, while relying on Office Memorandum, sought direction of High Court under Constitutional jurisdiction to the employer department to pay project allowance and deputation allowance on the premise that he had worked in a project on deputation until his deputation was cancelled---Validity---Case of the petitioner did not fall within the ambit of the Office Memorandum, therefore, he was not entitled to the project allowance---Deputation allowance could not be granted to the petitioner for the reason that his deputation was illegal---Grievance of the petitioner could not be entertained under Art. 199 of the Constitution---Constitutional petition was dismissed. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Petitioner is seeking directions to the Respondents to pay Project Allowance and Deputation Allowance on the premise that he had worked in the Shaheed Mohtarma Benazir Bhutto (SMBB) Town Project in Sindh with effect from 01.10.2012 to 14.09.2015. The grievance of the Petitioner is with regard to the payment of Project Allowance and Deputation Allowance. Petitioner has submitted that the service of the Petitioner was requisitioned by Director General (LDA) Karachi and he was posted therein on deputation vide letter dated 15.01.2009. Petitioner has submitted that in compliance of the order dated 05.01.2015 passed by the Hon'ble Supreme Court of Pakistan in Civil Appeal No. 404/2011 and Civil Review Petition regarding repatriation of deputationist to their parent departments, the deputation period of the Petitioner was cancelled by the competent authority vide order dated 14.09.2015. As per the Petitioner he was repatriated to his parent department i.e. Hyderabad Development Authority. (HDA). Petitioner has submitted that since he had worked on the Project i.e. Shaheed Mohtarma Benazir Towns in Sindh as Divisional Account Officer in BPS-17 as such he was entitled for the Project Allowance w.e.f. vide 10.08.2012 to 14.09.2015. Petitioner has submitted that the Respondents are not releasing the Project Allowance as well Deputation Allowance and encashment of leave with effect from…
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