Law:

Section:

Punjab Civil Servants Act (VIII of 1974)------S. 16---Constitution of Pakistan (1973), Art. 185(3)---Staff of Lahore High Court---Entitlement to receive disturbance allowance up to 30 per cent. of pay by those employees who had joined service prior to 1981---Employees had been receiving allowance in question up to May, 1994, when the same was stopped---High Court allowed payment of allowance in question to employees in Constitutional petition under Art. 199 of the Constitution filed by employees---Validity---Contention raised was that disturbance allowance had been paid to one individual due to computer mistake and decision had been taken to recover the same---No document, however, was placed on record to show that impugned allowance had been recovered from aforesaid official or any decision in regard thereto had been taken by Competent Authority---High Court was, thus, right in allowing Constitutional petition on ground of discriminatory treatment being meted out to employees of High Court---Decision rendered by High Court, however, would be confined to facts of present case---Leave was refused in circumstances. Altaf Elahi Sheikh, Additional Advocate-General for Petitioners (in both petitions). Nemo for Respondents. Date of hearing: 31st March, 1998. ORDER IRSHAD HASAN KHAN, J.---Through this common order we propose to dispose of. Civil Petitions Nos.349 and 1208-L of 1997, arising out of orders respectively passed by the Lahore High Court, Rawalpindi and Multan Benches in Writ Petitions Nos.2045 of 1996 and 3561 of 1997. 2. The dispute herein relates to 30% disturbance allowance, which was granted to the staff of the Lahore High Court, who joined service prior to 1981, vide Letter No.CAB-1/4-86/83, dated 10-[1-1986, issued by the Government of Punjab. 3. The brief facts are that the respondents have been receiving this allowance till May, 1994 but later it was…

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