| Citation(s) |
|---|
| 2002 SLG 1719 2002 SLD 1719 2002 PLC 163 |
Lahore High Court
Writ Petitions Nos.4307, 3131, 3300 of 1994 and No.8771 of 1997 heard on 25-04-2001.
ASIF SAEED KHAN KHOSA, J
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Writ Petitions Nos.4307, 3131, 3300 of 1994 and No.8771 of 1997 heard on 25-04-2001.
ASIF SAEED KHAN KHOSA, J
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EMPLOYEES WELFARE ASSOCIATION, B.I.S.E., DERA GHAZI KHAN through President and 231 others
VS
GOVERNMENT OF PUNJAB through Secretary, Education, Civil Secretariat Punjab, Lahore and 2 others
Law:
Section:
Constitution of Pakistan (1973)-------Art.199---Constitutional petition---Civil service ---Withdrawal of allowance---Grievance of petitioners was that the Secretariat Allowance given to them was withdrawn by the Provincial Government---Petitioners assailed the order of withdrawal of the allowance in Constitutional petition--Validity---Withdrawal of an allowance by Government could not be challenged by an employee of Government on any legal plane---High Court expressed its inability to allow the petition and to direct the Provincial Government to keep on extending the benefit of the Secretariat allowance to the petitioners---Petition was dismissed in circumstance. Muhammad Shabbir Ahmed Nasir v. Secretary, Finance Division, Islamabad and another 1997 SCMR 1026 fol. Muhammad Khalid Alvi for Petitioners. Muhammad Qasim Khan, Asstt. A.-G. for Respondents Nos.l and 2. Allah Bakhsh Khan Kulachi, Legal Advisor to Respondent No.3. Ch. Abdul Majid, Superintendent, Board of Intermediate and Secondary Education, Dera Ghazi Khan and Tariq Mehmood, Assistant, Legal Cell, Board of Intermediate and Secondary Education, Multan. Date of hearing: 25th April, 2001. JUDGMENT Through this consolidated judgment I propose to decide Writ Petition No.3131 of 1994, Writ Petition No.3300 of 1994, Writ Petition No.4307 of 1994 and Writ Petition No.8771 of 1997 together as common questions of law fact are involved in all these petitions. The petitioners in all these writ petitions are employees of the Boards of Intermediate and Secondary Education; Multan and Dera Ghazi Khan and through these Constitutional petitions they have sought issuance of a direction to the Government of the Punjab regarding payment of the Secretariat Allowance to the petitioners alongwith their salaries. 2. The background of the relief prayed for in the present writ petitions is that through its Letter No.FD.PC-2/88 dated 8-8-1988 the Punjab Finance Department had provided for payment of an allowance called the Secretariat Allowance at the rate of 20% of the basic pay to all employees in the Punjab Government Secretariat, Governor's Secretariat, Chief Minister's Secretariat and Punjab Provincial Assembly,…
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