| Citation(s) |
|---|
| 1991 SLG 1161 1991 SLD 1161 1991 SCMR 1288 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 147-R of 1990, decision dated: 21st April, 1990(On appeal from the judgment dated 14-1-1990 passed by the Federal Service Tribunal, Islamabad in Appeal No. 2JU(R) of 1988)
AJMAL MIAN AND RUSTAM S. SIDHWA, JJ
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Civil Petition for Leave to Appeal No. 147-R of 1990, decision dated: 21st April, 1990(On appeal from the judgment dated 14-1-1990 passed by the Federal Service Tribunal, Islamabad in Appeal No. 2JU(R) of 1988)
AJMAL MIAN AND RUSTAM S. SIDHWA, JJ
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Brig. (Retd.) ABDUR RASHID
SECRETARY, ESTABLISHMENT DIVISION and others
Law:
Section:
Constitution of Pakistan (1973)--Art. 212(3)---Civil servant's entitlement to allowance---Employees working in Federal Secretariat were granted Secretariat allowance---Such benefit was also extended to employees of Central Board of Revenue ---Petitioner-civil servant working as Chairman, Central Board of Film Censors claimed entitlement to such allowance---Civil servant's grievance was that like Central Board of Revenue which was attached to Ministry of Finance, Central Board of Film Censor was an attached department of Ministry of Culture; both being attached departments should be treated alike with regard to the payment of Secretariat allowance--Civil Servant's departmental appeal having failed he filed appeal before Service Tribunal which also failed---Leave to appeal---Any allowance was payable upon its being made applicable to a particular class of persons---Admitted position was that Secretariat allowance was not made payable to the personnel attached to Central Board of Film Censors---There was thus no violation of the terms of service---No provision of any law or any statutory rule had been pointed out whereby it had been provided that if a particular allowance was made payable to a particular class of civil servants, other civil servants would also be entitled to such allowance---In absence of any such provision, civil servant could not be found entilted to Secretariat allowance---Leave to appeal refused in circumstances. ORDER AJMAL MIAN, J.--Leave to appeal is sought against the judgment dated 14-1-1990 passed by the Federal Service Tribunal, hereinafter referred to as the Tribunal, in Appeal No.250(R)/88 riled by the petitioner, dismissing the same. 2. The facts to be noted are that at the relevant time the petitioner was working as the Chairman, Central Board of Film Censors, Government of Pakistan. It seems that the Finance Division vide its O. M. No.l(32)-IMP-11/88 dated 1-7-1988 granted Secretariat Allowance @ 20% of basic pay to all the Federal Government employees working in the Federal Secretariat. The above benefit was also extended by the same memo to the employees of the Central Board of Revenue, (CBR). The petitioner's grievance was that…
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