Case Details

Citation(s)
1998 SLG 1269 1998 SLD 1269 1998 PLC 211
Lahore High Court
Writ Petition No. 13069 of 1994, decision dated: 16-06-1997.
IHSAN-UL-HAQ CHAUDHRY, J

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EMPLOYEES WELFARE ASSOCIATION

VS

BOARD OF INTERMEDIATE AND SECONDARY EDUCATION and others

Law:

Section:

(a) Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)----S. 10(4) [as substituted by Punjab Boards of Intermediate and Secondary Education (Amendment) Act (X of 1992)]---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Employees of Board of Intermediate and Secondary Education---Entitlement to claim benefits, privileges, allowances and concessions over and above the benefits available to Government servants---Essentials---Board of Intermediate and Secondary Education was at liberty to make any rule, or allow concession, privilege or allowances which were in conformity with the rules made by Government on similar matters--­Where, however, employees of Board were to be granted any financial benefit over and above the benefits available to Government servants. then the same must be granted under the direction of Competent Authority--­Where such financial benefits were granted to employees in routine without any direction of Competent Authority, same were invalid and illegal. Mukhtar Ahmad and 37 others v. Government of West Pakistan PLD.1971 SC 846; Pakistan through Secretary, Ministry of Commerce and 2 others v. Salahuddin and 3 others PLD 1991 SC 546; Syed Ali Shah v. Government of Pakistan 1994 CLC 369; The State of Maharashtra v. Ministerial Services Association, Wardha and others AIR 1966 SC 625 and Khawaj Din v. Rationing Controller Food, Faisalabad and 2 others PLD 1980 Lah. 15 ref. (b) Punjab Civil Servants Act (VIII of 1974) ----S. 2(1)(b)(i)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Government servants on deputation---Entitlement to benefit etc.--­Government servants sent on deputation to hold pivotal position of Chairman of Board of Secondary Education---Authority of such civil servants to grant additional benefits to employees---Extent---Where Government servants were sent on deputation to hold pivotal position of Chairman of Statutory Body etc. and they accepted demands of employees in a very generous manner on assumption that such acceptance was also beneficial and suited them; High Court made it clear that legally they were not entitled to benefits for the simple reason that…
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