Law:

Section:

West Pakistan (Gazetted) Civil Services (Pay Revision) Rules, 1964, Sched., Part I, Item No. 7 [as amended by Notification No. FD-PC (III-Gaz.-17/64-1074/64, dated 25-9-1964] -Officer of West Pakistan Health Services Class I, posted as Section Officer in Secretariat--Entitled to non-practising allowance of Rs. 200 p.m. in addition to Secretariat pay permissible under Rules-Executive order cannot override Rules framed by Governor particularly when Rules are later in point of time-Order reducing non practising allowance to Rs. 100 p.m. in circumstances, held, without lawful authority. Date of hearing : 11th June 1969. MUSHTAQ HUSSAIIN, J.-Doctor Faiz Ali Shah, the peti tioner, is a member of the West Pakistan Health Services Class, I. He started his career as a Commissioned Officer in July 1943 when he was inducted into the Indian Medical Service. He was transferred to the 1. A. M. C. when the IMS was abolished. He entered civil employ as a member of the Punjab Civil Medical Service in October 1947. He was pro moted to the West Pakistan Health Service Class I, in December 1956. He now holds a degree of Master of Science in Industrial Medicine from the United States of America. He was transferred to the Secretariat in 1962 and has eversince been serving as Section Officer in the Health Department of the Secretariat. Besides his pay, he was drawing its. 200 per month as non-practising allowance. The same has now been reduced to Rs. 100 per month by an order of the Governor of West Pakistan issued on 25th September 1962. He made several representations against it, and the matter was even otherwise considered at Secretariat level because it affected not only the petitioner but also others. Having failed to convince the Authorities, he has per force knocked the doors of this Court under Article 98 of the Constitution. 2. A notice having been issued to the respondents, they have filed a written-statement today denying the right of the petitioner to receive Rs. 200 p.m. as non-practising allowance. 3. Annexure `A' is a copy of a Notification issued by the Government of West Pakistan in the Finance Department bearing No. 39-PR, 57, dated 25th February 1957. Schedule…