Law:

Section:

Constitution of Pakistan (1973)-------Arts.199, 8(3)(b), 25(2)(3) & 212---Constitutional petition---Equality before law---Civil service ---Up gradation---Entitlement---Civil servants working as Accountant and Clerk in the Court of Special Judge Anticorruption had claimed a grade at par with that of their counterparts working in the, establishment of the District and Sessions Judges and other Civil Courts whose posts had been re-designated and upgraded, vide notification, but benefit of said notification had not been extended to the civil servants despite they were holding the same posts and performing similar functions---Validity---Court of Special Judge Anti-Corruption, was of equal status to the Court of District and Sessions Judge by virtue of S.3(1) of Pakistan Criminal Law Amendment Act, 1958---No difference existed between the duties, functions and responsibilities of the civil servants and those of their counter-parts working in the Courts of District and Sessions Judges and other Civil Courts---Equal treatment of unequal is as condemnable as unequal treatment of equals---If one set of Accountants and Clerks of Court had been grouped together for granting of a higher grade and another set of Accountants and Clerks had been left out notwithstanding the fact that they performed 'the same and similar duties, it could not be said that said classification was based on intelligible differentia---Principle of equality before law as envisaged by Arts. 8(3)(b) & 25(2)(3) of Connotation of Pakistan had guaranteed equal treatment amongst equals and persons and things similarly situated and circumstanced Case of the civil servants, by no means, being different and distinguishable from that of their counterparts in terms of duties, the denial of similar grade to the civil servants could not be held to have been based on intelligible differentia ---Civil servants were entitled to grade as was allowed to the Accountants and Clerks serving in the Courts of District and Sessions Judges and other Civil Courts---Contention that question of up gradation of post being a question of terms and conditions of service was amenable to Service Tribunal and not a fit subject…

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