Law:

Section:

(a) Civil Servants Act (LXXI of 1973)S. 17Civil Service Regulations, Regln. 61Finance Division O.M. No. F.1(2)Imp/94(i), dated 156-1994, paras. 5 & 6 Constitution of Pakistan (1973), Art. 184(3) Constitutional petition Secretariat 994 Constitutional petition Secretariat Allowance Withdrawal No protection under S. 17, Civil Servants Act, 1973 is available in respect of the allowances paid to a Government servant and their withdrawal by the Government cannot be challenged on any legal plane Principles. Secretariat Allowance was not payable to all categories of the Federal Government employees as this allowance was payable only to those employees of Federal Government who were serving in the Secretariat and other attached departments. The protection available to the civil servants under the Civil Servants Act, 1973 is only to the extent f their pay as provided under section 17 of the Civil Servants Act, 1973. However, no such protection is available in respect of the allowance paid to a Government servant under the rules framed from time to time. Personal Allowance is liable to be reduced by the amount to be received by recipient of such allowance as a res it of increase in the salary and it shall cease to be payable as soon as the pa or salary is increased by the amount equal to his personal allowance. In the present case under Finance Division O.M. dated 1561994 whereunder the revised basic pay scales of Federal Government employees serving in BPS1 to 22 were enforced, the Secretariat Allowance was totally abolished and paragraph 5 of the said O.M. provided for gradual adjustment of Secretariat Allowance against annual increment due under the revised scheme with effect from 16­ 1994 until such time the pay of the concerned employee was increased either equal to or more than the Secretariat Allowance received by him. The adjustment allowed under paragraph 5 of the above O.M, is totally in accord with the Regulation 61 of the Civil Service Regulations allowances paid to a Government employee were not protected under any statutory provision, therefore, their withdrawal by the Government could not a challenged on any legal plane. As a result of revision of pay…

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