| Citation(s) |
|---|
| 2011 SLG 1747 2011 SLD 1747 2011 PLC 768 |
Lahore High Court
I.C.As. Nos.117 and 118 of 2008 in Writ Petitions Nos.4455 and 9362 of 2006, heard on 16-11-2010.
CH. MUHAMMAD TARIQ AND SYED AKHLAQ AHMAD, JJ
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I.C.As. Nos.117 and 118 of 2008 in Writ Petitions Nos.4455 and 9362 of 2006, heard on 16-11-2010.
CH. MUHAMMAD TARIQ AND SYED AKHLAQ AHMAD, JJ
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GOVERNMENT OF THE PUNAB through Secretary Special Education and others
VS
Syed GHULAM ABBAS BUKHARI and others GOVERNMENT OF THE PUNAB through Secretary Special Education and others vs Syed GHULAM ABBAS BUKHARI and others
Law:
Section:
Limitation Act (IX of 1908)-------S. 5---Law Reforms Ordinance (XII of 1972), S.3---Intra-court appeal---Provincial Government allowed special allowance to the staff of Special Education Institutions but withdrew the same from the employees of the Directorate of Special Education on the ground that the staff of the Directorate did not fall within the definition of 'institution'---Single Judge, High Court set aside the order of withdrawal---Contention of employees was that appeal of the authorities was time-barred and appellants had not filed application under S.5 of the Limitation Act, 1908 for condonation of delay---Validity---Not only the teaching staff but all other members associated with the department also fell within the definition of "institution "---Employees were entitled to receive the benefit in accordance with the order of the Provincial Government---Depriving the employees who were serving in the same department of the benefit/allowance was glaring discrimination---Secretary/Deputy Secretary could not revoke/withdraw any order passed by the Governor---Period of filing intra-court appeal was 20 days whereas appeal was filed after 25 days---Authorities having failed to file any application under S.5 of the Limitation Act, 1908, delay could not be condoned---Appeal was dismissed on merit as well as on the ground of limitation. Oxford Dictionary ref. Rana Shamshad Khan, Assistant A.-G.P. with Asif Munir, Law Officer, Special Education Department for Appellants. Ms. Aaliya Neelum for Respondents. Date of hearing: 16th November, 2010. JUUDGMENT CH. MUHAMMAD TAR1Q, J.--- This single judgment shall dispose of ICA No.117 of 2008 and ICA No.118 of 2008 as both these appeals arise out of the one and the same order dated 2-4-2008 passed by the learned Single Judge of this Court in Writ Petitions Nos.4455 of 2006 and 9362 of 2006. 2. Brief facts of the case are that the respondents are employees of Special Education Department who were granted special allowance vide order dated 1-2-2005 on the same lines as the teaching staff of the Special Education Department was benefited vide order dated 21-2-2004. The respondents started receiving the said allowance till…
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