Law: Constitution of Pakistan, 1962

Section: 178(3),178(a),98

Law: Constitution of Pakistan, 1956

Section: 182(3),182(a),170

Constitution of Pakistan (1962)   Arts. 178 (3) (a) & 98 and Constitution of Pakistan (1956), Arts. 182 (3) (a) & 170-Govern ment servants working under Central Government, or in connection with affairs of Province-Conditions of service cannot be varied to their disadvantage-Employees lured from their parent depart ment to work on deputation elsewhere on promise of deputation allowance and project allowance in addition to pay and allowances already admissible to them in their parent department-Subsequent withdrawal, by Government, of one of such additional allowances. Held, in violation of constitutional guarantee and as such vitiated-Mandamus issued, directing Government to pay both allowances.   "Fundamental Laws of Pakistan" by A. K. Brohi, 1958 Edition p. 626; State of Pakistan v. Mehraj-ud-Din P L D 1959 S C (Pak.) 147; Pakistan v. Nasim Ahmad P L D 1961 S C 445; Pakistan v. Muhammad A. Hayat P L] D 1962 S C 28 and Muhammad Anwar v. Government of Pakistan P L D 1962 Lah. 443 ref. Dates of hearing: 29th and 30th January 1964.   JUDGMENT   FAIZULLAH KHAN, J.-In this writ petition the three petitioners, namely, Qazi Khan, Mehtab Khan and Irshad Nabi, who are deputationists from the Irrigation Department and posted as Executive Engineers in the Warsak Dam Project Orga nisation, pray for issue of a writ of mandamus, certiorari, or prohibition, Order of Direction, setting aside the order of respon dents 1 and 2 respectively, the State of Pakistan, through Secretary, Ministry of Fuel, Power and Natural Resources, Rawalpindi, and Government of West Pakistan, through Secretary, Irrigation, Communication and Works Department, Lahore, whereunder they had unilaterally receded and withdrawn the previous orders under which the petitioners were paid the Project allowance of Rs. 200 p.m. in addition to deputation allowance of 20 Y. of the basic pay and substituted it by an order restricting the payment to one of these two allowances whichever was more beneficial.   This writ petition involves an important constitutional question as to whether theterms and conditions of service on which the petitioners were serving could be varied…