Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts.3, 25, 199 & 212---Constitutional petition ---Maintainability--­Reasonable classification---`Equal pay for equal work', principle of--­Applicability---Grievance of the petitioner was that he was appointed as Statistical Computer in Basic Pay Scale-8, whereas civil servant appointed as Statistical Assistant with same qualification and performing the same duties was placed in Basic Pay Scale-11---Contention of the Authorities was that the matter pertained to terms and conditions of service and Constitutional jurisdiction of High Court was barred under Art.212 of the Constitution---Validity--Principle of `equal pay for equal work' had not been mentioned either as Fundamental Right or as a Principle of Policy in the Constitution---If equality clause in Art.25 of the Constitution had to have some meanings, the said principle was to be read in Art.25 of the Constitution to give effect to it---Persons similarly placed had to be similarly treated except on the basis of reasonable, classification---When the qualification for both the posts was the same and both the officials were performing, the same duties, the petitioner could not be treated differently---Principle `equal pay for equal work' although not specified in the Constitution as Principle of Policy, yet it was built in Art.3 of the Constitution---Pay of the post was one of the terms and conditions of service of a civil servant but the pay, the petitioner claimed on the basis of another official, identically places, was getting in the same organization could `not be said to be a term and condition of his service---Dispute would relate to terms and conditions of service, if a civil servant was entitled to something under the law or rules which was denied to him---Petitioner was not before the High Court with a complaint of violation of any of his terms and conditions of his service but his grievance was that he was unfairly discriminated against---High Court declared that the petitioner was entitled to pay of Basic Scale-11 from the date it was allowed to similarly appointed civil servant---High Court directed the authorities to issue such order---Constitutional…

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