Law:

Section:

Constitution of Pakistan-------Arts. 199 & 25---Constitutional petition---Civil service---Upgradation---Entitlement---Three petitioners were serving as Goods Exit Tax Clerks in BS-5, another two were serving as Octroi Clerks in BS-5; and one was serving as Octroi Inspector in BS-9 in the octroi collection administration functioning under the West Pakistan Municipal Committees Octroi Rules, 1964---Collection of Octroi Tax and Export Tax by the Local Council was discontinued in 1999 as a result petitioners' service cadre called 'TMA' was abolished; and petitioners were transferred to different offices in the Local Government Institutions, where they were employed on ad hoc basis---Finance Department and Local Government Department issued notification upgrading the posts of junior clerk, senior clerk etc. from their existing pay scale to a higher level---Nomenclature of the posts occupied by the petitioners being not covered by said notification, they had been denied the benefit of said upgradation---Object of said notification was to benefit clerical staff in government service and was not meant to punish or exclude persons doing the same work, but had been given different nametag for purpose of administration or accounting convenience---Under Art.25 of the Constitution similarly placed persons, must be treated alike---Criterion of distinction, must be based on intelligible differentia having nexus with the object of the law---Criterion for differentiation adopted in the case, was merely the nomenclature of the petitioners' designation as Octroi Clerk or Goods Exit Tax Clerk---Criterion adopted by Finance Department for classification, was totally superficial and formal, lacking substantive relevance to satisfy the requirement of law---Petitioners, in circumstances, had clearly been discriminated in treatment by the authorities---High Court directed that authorities concerned would forthwith remove the cause of such discrimination by notifying the petitioners' cadre as eligible and qualified for equal treatment as the beneficiaries nominated in said notification, within one month. I.A. Sherwani and others v. Government of Pakistan through Secretary Finance…

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