Law: Constitution of Pakistan, 1973

Section: 199,212

Constitution of Pakistan (1973)---   ----Arts. 199 212---Constitutional petition---Emoluments, difference of---Petitioner was an officer of BS-19 and had been performing uninterrupted duties of BS-20 post for past five years---Grievance of petitioner was that he was entitled to difference of emoluments between BS-19 and BS-20 posts---Authorities contended that due to bar of Art.212 of the Constitution, petition was not maintainable---Validity---Relief claimed by petitioner was with regard. to issuance of direction to authorities .to pay emoluments to him to which he was entitled under the law---High Court, in such-like controversy, was competent to issue directions to authorities who were admittedly the persons performing functions in connection with affairs of Federation to do a thing which they were required by law to do within the jurisdiction of High Court---Petitioner was entitled to the difference of emoluments between BS-19 and BS-20 for the period for which he had been performing duties of BS-20 post---High Court directed the authorities to release the emoluments to petitioner within a period of two months---Constitutional petition was allowed accordingly.    Administrator, District Council Larkana and others v. Ghulab Khan and 5 others 2001 SCMR 1320; Director, Social Welfare, N.-W.F.P. Peshawar v. Sadullah Khan 1996 SCMR 1350 and Province of Punjab through Secretary, Agriculture, Government of Punjab and others v. Zulfiqar Ali 2006 SCMR 678 rel.  . ORDER HAFIZ TARIQ NASIM, J.--- Through this writ petition the petitioner seeks a direction to the respondents for declaring him entitled for the emoluments of BS-20 post with effect from 28-4-2000 to 23-2-2005 as the petitioner continuously performed the duties of BS-20. 2. The petitioner submitted a request before the departmental authorities for the redressal of his grievance but vide letter, dated 6-10-2006 the petitioners claim was refused. The learned counsel for the petitioner submits that the petitioner has a lawful right of emoluments of the post of BS-20 as the petitioner performed the duties of the higher post on the directions of respondents Nos. 1 and 2 and the refusal of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492