Case Details

Citation(s)
1998 SLG 1240 1998 SLD 1240 1998 SCMR 296
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos.228-K, 246 to 283-K, 285-K to 298-K, 304-K and 306-K to 308-K of 1997, decision dated: 6-11-1997
IRSHAD HASAN KHAN, MUNAWAR AHMAD MIRZA AND KHALIL-UR-REHMAN KHAN, JJ

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MUHAMMAD MUJEEBULLAH SIDDIQUI and others

VS

FEDERAL SERVICE TRIBUNAL, ISLAMABAD and 3 others

Law:

Section:

(a) Constitution of Pakistan (1973)--Arts. 4, 25 & 212(3)---Secretariat Allowance---Entitlement---Service Tribunal had directed Government to consider petitioners' entitlement for Secretariat Allowance and had not given direction for grant of said Allowance to petitioners---Service Tribunal's reference of petitioners' case to Government did not have force of decision-- -Petitioners were unable to point out that in operative part of , benefit of Secretariat Allowance was conceded by Service Tribunal---Implementation of /order of Service Tribunal, thus, did not arise. (b) Constitution of Pakistan (1973)--- ----Arts. 4, 25 & 212(3)---Secretariat Allowance---Entitlement---Such allowance was made admissible to only employees of Federal Government who were serving in Federal Secretariat and attached Departments---Payment of Secretariat Allowance to new incumbents was discontinued with effect from I 1-12-1989 but those who were already receiving the same were allowed to retain the same as personal pay---Petitioners voiced their grievance for grant of such allowance for the first time in 1993, when scheme for grant of same already stood abolished with effect from 18-12-1989---Claim of petitioners, thus, was hit by the doctrine of past and closed transaction---Revised Pay Scales were notified with effect from 1-6-1994 and Secretariat Allowance was merged in the revised scales--­Petitioners having opted for new scales were not entitled to Secretariat Allowance---Leave to appeal was refused in circumstances. Mubarak Ali Khan v. Government of the Punjab 1990 CLC 136; Government of Punjab v. Mubarak Ali Khan PLD 1993 SC 375; Amir Sultan and 23 others v. Government of Pakistan through Secretary, Ministry of Finance, Islamabad and another W. P. No. 1012 of 1994; Government of Sindh through Chief Secretary Sindh, Karachi v. Manzoor Hussain and others C.P. No.200-K/1993; Muhammad Shabbir Ahmed Nasir v. Secretary, Finance Division, Islamabad 1997 SCMR 1026; Najabat Hussain and others v. Secretary, Establishment, Islamabad C.P. No.56 of 1996 and Brig. (Retd) Abdur Rashid v. Secretary, Establishment Division. 1991 SCMR 1288 ref. Sirajul Haque Memon, Advocate Supreme Court…
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