Law:

Section:

Finance Act (XII of 1994)--- ----Preamble---Constitution of Pakistan (1973), Art 199---Entitlement to payment of Secretariat Allowance---Secretariat Allowance which was to be separately paid to special class of employees had been made part and parcel of salary vide Memorandum dated 15th June, 1994 issued by Finance Division-- Memorandum in question, merely regulated pay scales of employees of Federal Government and did not advance claim for payment of Secretariat Allowance---Secretariat Allowance having completely ceased to exist, stood merged into salary, of Government employees, therefore, same, could not be indirectly claimed by invoking Constitutional jurisdiction of High Court---Under changed situation, on promulgation of Finance Act, 1994, entitlement of petitioner, if any, to claim payment of Secretariat Allowance had ceased to exist---Petitioner, thus, had no entitlement to claim payment of Secretariat Allowance in circumstances. Writ Petition No. 429 of 1994 and Civil Misc. No. 1062 of 1994 ref. Tahir Muhammad Khan for Appellants. Yaqoob Khan Yousafzai, A.-G. and Raja Rab Nawaz, Dy. A: G. for Respondents. Date of hearing: 1st August, 1994. JUDGMENT MUNAWAR AHMAD MIRZA, C.J.---Through this writ of mandamous petitioners have sought payment of 20% Secretariat Allowance with effect from 1-7-1988. It has been emphatically urged by Mr. Tahir Muhammad' Khan, Advocate that petitioners are employees of Geological Survey Department in Balochistan. They were entitled to payment of 20% Secretariat Allowance which is being paid to .their counterparts in other Provinces. Learned counsel contended that petitioners have been discriminated against and would suffer recurring losses if Secretariat Allowance of 20% is not paid to them. Reliance was placed on the judgments announced in Writ Petition No. 429/94 and several others decided by High Court of Lahore vide judgment dated 20-3-1994 and C.P. No. 149/90, decided by Division Bench…

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