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Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Benefit, withdrawal of---Big City Allowance was allowed to petitioners which they received but later on the same was refused on the ground that institution in which they were employed was outside the Municipal Limits, resultantly authorities had started deduction of allowance already paid to the petitioners---Validity---Employer/Institution was not located beyond the limits of municipality and benefit once granted to civil servants could not be withdrawn---Petitioners were entitled to receive Big City Allowance and its payment to petitioners have illegally been stopped---High Court directed the authorities to pay Big City Allowance to petitioners from the date when it was discontinued--Petition was allowed. Writ Petition No.20237 of 1997 rel. Syed Nafis Naveed Hashmi for Petitioner. Aurangzeb Khan, A.A.-G. with Barkat Ali, Senior Auditor, District Accounts Office, D.G. Khan. ORDER HAFIZ ABDUL REHMAN ANSARI, J.--- This order will dispose of this writ petition (W.P. No.4712 of 2008 Qazi Nazim-ud-Din vs. Secretary Finance and others) as well as Writ Petition No.5329 of 2002 (Shahid Waseem v. Secretary Finance and, others) as common questions of law and facts are involved in both of them. 2. In both the writ petitions, petitioners Qazi Nazam-ud-Din and Shahid Waseem, are respectively Junior Instructor and Instructor at Government Institute of Technology, D.G. Khan. Brief facts are that on the basis of Notification dated 21st of March, 1992 issued by the Government °the petitioners were allowed Big City Allowance from April, 1992 but in July, 1992 the respondent No.2 refused to give the said allowance on the ground that the Institution is situated outside the Municipal Limits of D.G. Khan. Respondent No.2 also deducted in instalments the allowance already paid to the petitioners. The petitioners agitated the matter before different forums for grant of said allowance but in vain. 3. Respondents Nos.1 and 2 have filed parawise comments, wherein preliminary objection has been taken that the petitioners being civil servants are required to invoke the jurisdiction of the Punjab Services…

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