Law: Constitution of Pakistan, 1973

Section: 25

Constitution of Pakistan--- ----Art. 25---Civil service---Employees of Solicitor Office, Law Department, Peshawar ('the respondents')---Special allowance and utility allowance, denial of---Discrimination---Two allowances in question were also drawn by the respondents but later payment of such allowances was discontinued by the Government on the ground that the employees of the Solicitor Office were not part of the Civil Secretariat, therefore, not entitled for such allowances---Legality---High Court rightly allowed said allowances to the respondent by holding that that the classification so made by the Government qua granting of said two allowances to specified employees while denying the same to other employees who were also posted inside the walled premises of the Civil Secretariat, could not be termed as reasonable and amounted to offend the principle of equity before the law---High Court correctly noted that the office of the Solicitor having a separate entity in the Law Department was situated within the premises of the Civil Secretariat, therefore, the employees of the Solicitor Office were similarly placed and were entitled to the grant of special allowance and utility allowance---Counsel for the Provincial Government could not point out any illegality or perversity in the impugned judgment of the High Court, which was maintained---Resultantly, appeal was dismissed. JUDGMENT MUSARRAT HILALI, J.---Through this appeal, the Appellant-Department has assailed the judgment dated 23.04.2015 passed by the Peshawar High Court, Peshawar, in Writ Petition No.2095-P of 2008, by which the Respondents were granted special allowance and utility allowance. 2. Brief facts of the case are that the Respondents while serving in the Solicitor Office, Law Department, Peshawar had been receiving special allowance @ 20% and utility allowance 10% of their basic pay from February, 2008 but such allowances were discontinued from July, 2008 on the ground that the employees of the Solicitor Office are not part of the Civil Secretariat, therefore, they are not entitled for such allowances and recovery of the paid allowances was started. Feeling aggrieved, the Respondents filed a Writ…

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