Law: Constitution of Pakistan, 1973

Section: 25,199

Constitution of Pakistan--- ----Arts.25 199---Constitutional petition---Discrimination---Superior Judicial Allowance, grant of---Petitioner was Provincial Mohtasib (Ombudsman) and was aggrieved of non-payment of Superior Judicial Allowance to him which was approved by Governor in his favour and previous Ombudsmen had also been receiving the allowance---Validity---Discrimination met with petitioner was not based on any rational ground or reasonable classification and was devoid of intelligible differentia---In order to avoid discrimination, order passed by Governor for paying Superior Judicial Allowance to petitioner was not suffering from any illegality or irregularity---Chief Minister erred in facts as well as law while rejecting summary for approval of payment of Superior Judicial Allowance---High Court directed Provincial Government to make payment of Superior Judicial Allowance to petitioner in pursuance to the order passed by Governor of the Province---Constitutional petition was allowed in circumstances. Pakcom Limited v. Federation of Pakistan PLD 2011 SC 44 and N.W.F.P Public Service Commission v. Muhammad Arif 2011 SCMR 848 rel. JUDGMENT NAEEM AKHTAR AFGHAN, CJ.----In the instant constitution petition, the petitioner (Ex-Provincial Ombudsman/Mohtasib Balochistan) has claimed the following relief: It is therefore, respectfully prayed that keeping in to consideration the above facts and circumstances, petition may kindly be allowed by declaring that: A. Since the Honorable Governor has granted Superior Judicial Allowance in favour of petitioner which is under his mandate, as such, the respondents have no authority to interfere in the same hence liable to release the amount in favour of the petitioner; B. To direct the respondents to release the amount demanded by Ombudsman Secretariat through letter dated 28.09.2020 forthwith and its rejection dated 16.03.2021 made by respondents may kindly be set aside. C. Cost of the proceedings may also be awarded; D. Any other relief may kindly be granted in favour of the petitioner which this Honourable Court deems fit and proper in the circumstances of the case. 2. The petition has been contested by respondent No.3…

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