Law:

Section:

Federal Shariat Court (Terms and Conditions of Service of Staff) Rules, 1982-------Rr. 5 & 6---Constitution of Pakistan, Art.199---Constitutional petition---Claim for advance increments---Objection to---Petitioners who were serving as Driver and Qasid respectively in the Federal Shariat Court, were granted four advance increments in recognition of their good conduct and outstanding performance by Chief Justice of Federal Shariat Court in exercise of powers conferred under R.5 of the Federal Shariat Court (Terms and Conditions of Service of Staff) Rules, 1982---Service Books of the petitioners were sent to Accountant General for verification of re-fixation of pay of the petitioners which was denied---Ministry of Law, Justice and Human Rights Division having already opined that Chief Justice, Federal Shariat Court had full financial and administrative powers under the Rules, act of grant of advance increments to the petitioners was quite lawful and department had no authority to raise any objection to the same---Even otherwise the petitioners had been subjected to discrimination as one employee also had been granted four increments in recognition of his good work and department had endorsed the same without any objection---Case of the petitioners was at par with the said employee---Department could not be allowed to raise objection to grant of advance increments to the petitioners, when they had already approved the grant of advance increments to an other employee---Objection raised by the department regarding grant of advance increments to the petitioners, was declared to be illegal, unlawful and without jurisdiction. Zarif Khan v. Government of N.-W.F.P 1996 PLC (C.S) 778; Government of Pakistan through Ministry of Finance v. M.I. Cheema, Deputy Registrar, Federal Shariat Court and others 1992 SCMR 1852 and Registrar, Supreme Court of Pakistan, Islamabad v. Qazi Wali Muhammad 1997 SCMR 141 ref. Abdul Rehman Khan for Petitioners. Tariq Mehmood Jahangiri, Dy. A.-G. Rana Zulfiqar, Section Officer, Finance Division. Munir Ahmad Alvi, Accounts Officer, A.G.P.R., Islamabad. Date of hearing: 22nd March, 2011. JUDGMENT IQBAL HAMEED-UR-RAHMAN, C.J.--- Through the…

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