Case Details

Citation(s)
2023 SLG 1063 2023 PLJ 55 2023 SLD 1063
Supreme Court of Pakistan
C.P. No. 2944 of 2019, decided on 18.8.2022. (On appeal against the judgment Dated 24.04.2019 passed by the Islamabad High Court, Islamabad in Writ Petition No. 3805/2012) Date of hearing: 18.08.2022
UMAR ATA BANDIAL, HCJ, IJAZ-UL-AHSAN AND SAYYED MAZAHAR ALI AKBAR NAQVI, JJ.

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ABDUL REHMAN and others

VS

SECRETARY, MINISTRY OF COMMUNICATION etc.--Respondents

Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan, 1973-- ---Art. 185(3)--Deputationist employees--Petitioners are not regular employees of National Highway Motorways Police and only served as deputationists on different posts at different intervals--Both categories of regular and deputationist employees are distinct and petitioners do not enjoy status of regular employees--Prime Minister had not approved demand of petitioners for payment of special allowance equivalent to regular employees of Motorway Police--Already petitioners were enjoying extra benefits as compared to regular employees--No case for interference is made out.                                              [Pp. 60] A, B, C D 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 petitioners were deprived of the said allowance. In June, 2001, the fixed daily allowance for those performing operational duties was revised/enhanced but the petitioners were again not given the relief. Although, with effect from 1st of July, 2004, the daily allowance of the petitioners was increased but the petitioners wanted the same to be made applicable from back date i.e. June 2001. This led to their filing of Writ Petition Nos. 1989/2007 1446/2008 before the Islamabad High Court, which were disposed of on 22.07.2008 06.04.2009 with the direction that the petitioners shall file a representation and the…
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