| Citation(s) |
|---|
| 2024 SLG 2676 2024 SLD 2676 2024 PLC 41 |
Sindh High Court
C.P. No.D-1825 of 2021, decided on 9th February, 2023.Date of hearing: 9th February, 2023.
Before Muhammad Iqbal Kalhoro and Adnan-ul-Karim Memon, JJ
Muhammad Arshad Khan Tanoli for Petitioners. Syed Yasir Ahmed Shah, Assistant Attorney General. Imtiaz Ali Solangi for
Respondents Nos.4 and 5. Khalid Ali Lashari, Assistant Director Legal PSQCA.
C.P. No.D-1825 of 2021, decided on 9th February, 2023.Date of hearing: 9th February, 2023.
Before Muhammad Iqbal Kalhoro and Adnan-ul-Karim Memon, JJ
Muhammad Arshad Khan Tanoli for Petitioners. Syed Yasir Ahmed Shah, Assistant Attorney General. Imtiaz Ali Solangi for
Respondents Nos.4 and 5. Khalid Ali Lashari, Assistant Director Legal PSQCA.
NASEEM-US-SAMI and 49 others
VS
FEDERATION OF PAKISTAN through Secretary Establishment Division and 4 others
Law: Pakistan Standards and Quality Control Authority Act, 1996
Section: 32
Pakistan Standards and Quality Control Authority Act (IV of 1996)--- ----S.32---Employees of Pakistan Standards and Quality Control Authority---Special allowances, entitlement to---Decision of Board of Governors---Petitioners sought restoration of special allowance on their running basic pay---Plea raised by petitioners was that allowances in question were approved by Board of Governors---Validity---Board of Governors approved house rent allowance subject to concurrence from Finance Division---Such concurrence was not granted by Finance Division and extension of such allowance to petitioners was out of question---Extension of technical allowance was subject to approval by Federal Government which was lacking and petitioners were not entitled to it either---Technical allowance was over and above the normal allowances being received by some petitioners in their salary; its grant was subject to final approval to be granted by Prime Minister in relaxation of government policy, which too had not been sought either, nor such decision was made by Prime Minister on his own in favour of petitioners---Extension of such allowance to petitioners from very outset was illegal, against government policy, the rules and the Pakistan Standards and Quality Control Authority Act, 1996---High Court in exercise of discretionary powers under Constitutional jurisdiction declined to interfere in the matter pertaining to allowances in question as the same could not be granted---Constitutional petition was dismissed accordingly. ORDER MUHAMMAD IQBAL KALHORO, J.----Petitioners, permanent employees of respondent No.4 Pakistan Standards and Quality Control Authority (PSQCA), have filed this petition seeking restoration of 20% special allowance on their running basic pay approved by the PSQCA Board of Governors (BoG) in its 11th meeting held on 25.07.2016, and a further remedy of directing respondents Nos.1 to 3 to act upon item Nos.9 (a) (b) and 10(a) of minutes of the said meeting and item No.10 of the approved minutes of 16th meeting of PSQCA BoG and in the light of which grant house rent ceiling at 65% of running basic salary w.e.f. 25.07.2016 along with arrears. 2. Learned counsel for…
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