Law:

Section:

(a) Precedent--- ---Application--Decision of a Court is meant to apply to the facts of a particular case in which it was given and can have but little weight in a case of which facts are different. P L D 1983 S C 126 ref. (b) Constitution of Pakistan (1973)-- ---Art. 240--Service of persons in connection with affairs of Federation--- Conditions of service, determination of--Conditions of service of persons or posts in connection with affairs of Federation, held, could be determined by an Act of parliament. (c) Civil Servants Act (LXXI of 1973)-- ---Ss. 3 & 17--Civil servants--Fixation of pay scales--None except President of Pakistan or his delegates, if specifically authorized for the purpose, held, would be competent to lay down terms and conditions of service for civil servants, consistent with provisions of civil servants Act, 1973, including those relating to pay, allowance and other fringe benefits--Fixation of pay scales is within competency of President in exercise of his rule-making powers. (d) Constitution of Pakistan (1973)-- ---Art. 3--Fundamental principle, "from each according to his ability, to each according to his work" enunciated. Article 3 of the Constitution makes it incumbent to ensure elimination of all forms of exploitation and gradual fulfilment of the fundamental principle, "from each according to his ability to each according to his work". The civil servants have, therefore, to be paid remuneration for their services. What remuneration such as pay, allowances and other fringe benefits should be allowed to them is not laid down in the Civil Servants Act. Provision in this respect has to be made by way of rules by the President of Pakistan for determination of remuneration for a particular category of a civil servant. Of course, while doing so matters relating to availability of manpower for ordinary as well as technical and specialized cadres, their working and economic conditions and financial resources have to be taken into consideration. Occasions may arise due to financial stringency or some unforeseen circumstances at national level when the State may not be in a position to pay in accordance with the present sanctioned scale of…

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