Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 212(3)---Secretariat Allowance---Entitlement---Contention of the petitions, who were employees of Geological Survey of Pakistan was that they were entitled to payment of 20% Secretariat Allowance which was being paid to their counterparts in other Provinces; that said allowance was paid to the employees of other departments and that since they were not drawing the Secretariat Allowance on 31st May, 1994, they will not be extended the same benefits by the Finance Act, 1994---Validity---Supreme Court, while granting leave to appeal to civil servants directed that as the counterparts of the petitioners were already getting 20% Secretariat Allowance, an interim relief be given to the petitioners/civil servants drawing 20% Secretariat Allowance from 31st May, 1994 till the disposal of the case subject to the condition that in case the Court finally held that the petitioners/civil servants were not entitled to payment of Secretariat Allowance, the same would be recovered from them. (b) Civil service--- ---- Secretariat Allowance---Entitlement---Civil servants were entitled to the payment of Secretariat Allowance w.e.f. 1-7-1988 till 31-5-1994 and in accordance with Office Memorandum dated 15-6-1996 they could not claim said allowance any more---Held, if the civil servants had received the payment of Secretariat Allowance after 31-5-1994 under interim order of the Supreme Court or any other Court the same was liable to be adjusted towards the Secretariat Allowance so payable to them---As from 1-6-1994 the payment of said allowance would be governed in term of Office Memorandum dated 15-6-1996. Tahir Muhammad Khan, Advocate Supreme Court and M.K.N. Kohli, Advocate-on-Record for Appellants (in C.A. No. 65-Q of 1994). S. Ayaz Zahoor, Deputy Attorney-General and Mrs. Ashraf Abbas, Advocate-on-Record for Respondents (in C. A. No. 65-Q of 1994). Raja M. Afsar, Advocate-on-Record for Petitioners (in C.A. No.8-Q of 1996). S. Ayaz Zahoor, Deputy Attorney-General for Respondents (in C.A. No. 8-Q of 1996). Date of hearing: 27th July, 1999. JUDGMENT SAIDUZZAMAN SIDDIQUI-, C.J.---This judgment will govern disposal of Civil Appeal No. 65-Q…

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