Law:

Section:

North-West Frontier Province Local Council Service Rules, 1980---------R.11---Fundamental Rules, R.49---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Additional charge---Claim for remuneration---Petitioner who was promoted as Octroi Superintendent, was asked also to perform duties of office Superintendent in addition to his duties and thereafter by an order was also allowed to hold additional charge of the post of Accountant without any remuneration---Claim of petitioner was that under law, he was entitled to the grant of special pay/allowance for holding additional charges---Validity---Petitioner was neither in the same grade of which he was given additional charge of office Superintendent/Accountant because he was in B.P.S.-6 while the post of office Superintendent/Accountant stood in BPS-11 nor prior or even any subsequent approval of Finance Department was obtained---Besides additional charge of office Superintendent given to petitioner remained with petitioner for more than five and half years in utter violation of F.R.49 for more than six months---After expiry of six months, post automatically stood abolished for which no allowance could be claimed---While allowing petitioner charge of the post of Accountant, it was clearly provided in the order that petitioner would hold said additional charge without any remuneration and while operating said charge he had accepted that condition, but despite that he had come to the Court for relief claimed---Petitioner, in circumstances, was estopped by his conduct to sue the Authorities---Constitutional petition being without any merit, was dismissed. Vardar Lal Khan Anwar for petitioner. Abdul Sattar khan for Respondent No 1. Qari Abdul Rashid, D.A.G. for Respondent No.2. Date of hearing: 3rd November, 2004. JUDGMENT FAZLUR REHMAN KHAN, J---Through this writ-petition Sarfaraz Khan petitioner, who during the pendency of the petition died and is now represented by his L.Rs. has prayed for the issuance of an appropriate writ directing the respondents to grant him special pay/allowance for holding the additional charges of Accountant/Office Superintendent in Municipal Committee, Nawanshehr. 2. The…

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