Law: Constitution of Pakistan, 1973

Section: 25

ORDER SHEET  ARBAB MUHAMMAD TAHIR, J. Through the instant writ petition, petitioners have prayed for a direction to the respondents to allow them 20% Secretariat Allowance (“Allowance”), for the period i.e. 01.07.1988 to 30.06.1994 at par with other employees, who have been granted the Allowance pursuant to the judgments of the Hon‟ble Apex courts and the Peshawar High Court.     Tersely, the case set-up by the petitioners in the memo of the petition is to the effect that they retain status of “Civil Servants” working in the Pakistan Council for Research in Water Recourses (“PCRWR”), a component of Scientific and Technological Research Division, working under the administrative control of the Ministry of Science and Technology and have since retired; that the Finance Division vide O.M. dated 01.07.1988, had allowed 20% Allowance w.e.f. 01.07.1988; that as per Rules of Business 1973, PCRWR is component of the Scientific and Technological Research Division of the Ministry of Science & Technology and is a “Division”, thus the petitioners had been performing their duties in the Federal Secretariat in terms of Rules of Business, 1973 in a Division; that various employees hailing from other departments filed writ petitions for the provisions of the Secretariat Allowance, the Hon‟ble Apex Court in reported judgment PLD 1993 SC 375 allowed the Allowance while the Hon‟ble Peshawar High Court also granted the relief to various employees of the different department; that the petitioners being eligible for the provision of the Allowance filed the Departmental Representation to the respondent No.1 (M/o Science & Technology) Islamabad but their request was turned down on the ground that the employees of PCRWR are not entitled to the Allowance as they are not component of the office forming part of a Division in terms of Rules of Business 1973, hence instant writ petition.   The petitioners in support of their case, refer judgment of the Hon‟ble Apex Court reported as PLD 1993 SC 375, judgment dated 02.07.1997 and 06.10.2009 passed by the Hon‟ble Peshawar High Court in W.P. No.362 of…