| Citation(s) |
|---|
| 2006 SLG 1910 2006 SLD 1910 2006 PLC 1376 |
Sindh High Court
Constitutional Petition No.D-324 of 2005, decision dated: 10-05-2006.
SYED ZAWWAR HUSSAIN, JAFFERY AND AMIR HANI MUSLIM, JJ
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Constitutional Petition No.D-324 of 2005, decision dated: 10-05-2006.
SYED ZAWWAR HUSSAIN, JAFFERY AND AMIR HANI MUSLIM, JJ
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RUKANUDDIN and others
VS
GOVERNMENT OF SINDH through Secretary, Home Department and others
Law:
Section:
Police Order (22 of 2002)-------Art.45---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Petitioners had sought declaration that act of authorities avoiding to make payment of honoraria and TA/DA to them was illegal, mala fide, based on discrimination and without lawful authority---Petitioners had prayed for making payment of honoraria as provided under Art.45 of Police Order, 2002---Advocate General had stated that he was not in a position to make positive statement as to when the Rules in terms of Art.45 of Police Order, 2002 would be framed as said Rules were to be framed in consultation with the NRB---Effect---Provincial Government was directed by the High Court to frame proposed Rules in terms of Art.45 of Police Order, 2002 and seek approval of NRB within specified period by sending it to NRB and in case NRB failed to approve proposed Rules, same would be published as if such Rules were approved by NRB while in the intervening period, petitioners and other members, who were entitled to TA/DA could be disbursed amount of Rs.3000 per Month as suggested by the Department in the proposed summary. Ghulam Shabeer Khoso for Petitioners. Anwar Mansoor Khan, A.-G., Sindh for Respondent. ORDER The petitioners have filed the present proceedings with the following prayers:-- (a) Declare that the act of respondents avoiding to make payment of Honoraria and TA/DA to the petitioners is illegal, mala fide based on discrimination and without lawful authority. (b) Direct the respondents to make payment of Honoraria, as provided under Article 45 of the Police Order, 2002 and TA/DA to the petitioners at the rate of Rs.5,000 per month from the date of their nomination/appointment as member of District Public Safety and Police Complaint Commission, Sukkur w.e.f. 5-8-2002 i.e. date of issue of Notification. (c) Award cost of this petition. (d) Grant any other relief in the circumstances of this case. Notice was issued upon which, the Home Department has filed the comments, in which, it has been…
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