Law:

Section:

(a) Punjab Secretariat Allowance (Withdrawal) Act, 1997 (I of 1998)-------S. 2---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan, Arts. 25 & 212(3)---Secretariat allowance---Refusal of authority to award such allowance to appellant (retired employee)---Appellant's plea that he was retired before promulgation of Punjab Secretariat Allowance (Withdrawal) Act, 1997, thus, he had a vested right to receive such allowance as a part of his pension; and that certain serving employees were being paid such allowance even after Punjab Secretariat Allowance (withdrawal) Act, 1997, thus, appellant be treated in such manner---Dismissal of appeal by Service Tribunal---Validity---Such allowance had been granted through an executive order i.e., vide Finance Department Letter No. FC.PC-2-1/88, dated 8-8-1988---Legislature had authority to take away or affect any vested right of a person retrospectively---Such allowance had been withdrawn by Punjab Secretariat Allowance (Withdrawal) Act, 1997 retrospectively by ordaining that such executive order would be deemed never to have been issued---Illegality, if committed by authority, could not be made standard for applying rule of equality---Supreme Court refused to grant leave to appeal. (b) Vested right--- ----Legislature has authority to take away or affect any vested right of a person retrospectively. (c) Constitution of Pakistan--- ----Art. 25---Equality before law---Scope---Illegality could not be made standard for applying rule of equality. Riaz Lone, Advocate Supreme Court for Petitioners (in C.P. No.723-L of 2010). Jehangir Ashraf Vanice, Advocate Supreme Court for Petitioners (in CPs. Nos. 894, 895, 1071-L of 2010). Petitioners in person (in C.P. No. 1074-L of 2010). Jawwad Hassan, Additional A.-G. and Tariq M. Mirza, Dy. Secy. Finance Deptt. for Respondents (in all cases). Date of hearing: 22nd June, 2011. ORDER MIAN SAQIB NISAR, J.---The petitioners are the ex-civil servants from Punjab. According to their case, they during their service and even after retirement were entitled to and so received the secretariat allowance by virtue of the Punjab. Secretariat Allowance letter No.FD.PC-2-1/88…

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