Case Details

Citation(s)
1998 SLG 1291 1998 SLD 1291 1998 PLC 285
Quetta High Court
Constitutional Petition No. 185 of 1997, decision dated: 28-08-1997.
IFTIKHAR MUHAMMAD CHAUDHRY AND RAJA FAYYAZ AHMED, JJ

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SHAKEEL FAROOQI and 3 others

VS

PAKISTAN BROADCASTING CORPORATION through DirectoRGENERAL, Islamabad and 3 others

Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 17---Civil Services Regulations, Regln. 61---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Employees of Pakistan Broadcasting Corporation--- Entitlement to Secretariat Allowance--­Secretariat Allowance was merged in Revised Pay Scale of civil servants as per Finance Division's Notification dated 15th June, 1994, whereby Government employees were given option either to draw existing pay scales plus Secretariat Allowance or new pay scales plus personal allowance which would, however, cease as soon as their pay was increased by amount equal to or more than their personal allowance---Petitioners could not opt for 20 per cent. Secretariat Allowance after revision of basic pay scales when 35 percent increase was made in the pay of employees---Petitioners after revision of pay scale were not entitled to Secretariat Allowance from Government--­Employees of Pakistan Broadcasting Corporation were, thus, not entitled to claim Secretariat Allowance after its abolition/amalgamation in revised pay scales. 1997 SCMR 1026 ref. K.N. Kohli for Petitioners. Tariq Mehmood and M.S. Rakhshani, Deputy Attorney-General for Respondents. Date of hearing: 4th August, 1997. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J---Petitioners are in the employment of--Pakistan Broadcasting Corporation. Their grievance is that vide office order dated 22nd August, 1988, Director-General of the Corporation, with the prior approval of Federal Government, allowed 20% Secretariat Allowance on the pay scale with effect from 1-7-1988, to its employees, posted at Islamabad. Subsequently it was decided that said Secretariat Allowance can be retained by its employees to whom, it was allowed vide date mentioned hereinabove, as personal allowance, but as far as new entrants in service are concerned, they will not be entitled for this facility. Later on yet another decision was taken on 1st June, 1991, whereby it was decided that personal allowance would be in lieu of allowance, which was formerly Secretariat Allowance at the rate of 20 % in Pakistan Broadcasting Corporation employees at Headquarter office and the units which are housed at National…
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