Case Details

Citation(s)
2003 SLG 945 2003 SLD 945 2003 PLC 585
Supreme Court of Pakistan
Civil Petition No.262-L of 1999, decision dated: 10-05-2002. (On appeal from the judgment dated 18-12-1998 passed by the Punjab Subordinate Judiciary Service Tribunal at Lahore High Court, Lahore in Service Appeal No.7 of 1993)
TANVIR AHMED KHAN, KHALILURREHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ

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Dr. Syed ABUL HASSAN NAJMEE

VS

GOVERNMENT OF PUNJAB and others

Law:

Section:

Punjab Subordinate Judiciary Service Tribunals Ordinance (II of 1991)-------S. 5---Government of Punjab Order No.E-II.23-6/85, dated, 11/17-2-1993 and Finance Department Circular No.FD-SRI-9-3/86, dated, 20-7-1988---Constitution of Pakistan (1973), Art.212(3)---Special allowances for persons having qualified as L.L.M. and Ph.D ---Civil servant possessed L.L.M. degree and also qualified his Ph.D ---Claim of the civil servant was that special allowance for L.L.M. be granted in addition to Ph.D. allowance---Punjab Subordinate Judiciary Service Tribunal refused to grant the claim of the civil servant---Validity---No rule or policy decision of the Government existed which entitled the civil servant to the special allowance for L.L.M. degree in addition to Ph.D. allowance---By placing a rider by Government of Punjab Order No.E-II.23-6/85 dated, 11/17-2-1993, the Government had neutralized its earlier letter dated 20-9-1990---View taken by the Tribunal being reasonable and unexceptionable, Supreme Court declined to interfere with the same---Leave to appeal was refused. M. Anwar Ghumman, Advocate Supreme Court with Ch. Talib Hussain, Advocate-on-Record for Petitioner. Ms. Fowzi Zafar, A.A.-G. for Respondents. Date of hearing: 10th May, 2002. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.----The petitioner seeks the grant of leave from the judgment dated 18-12-1998 passed by the Punjab Subordinate Judiciary Service Tribunal at Lahore High Court, Lahore in Service Appeal No.7 of 1993. 2. The petitioner, a Member of the former Provincial Civil Services (Judicial Branch), is at present posted as Secretary, Provincial Assembly of the Punjab. The petitioner after obtaining the L.L.M. Degree in 1985 also qualified his Ph.D. (Constitutional Law) in 1992. The petitioner was sanctioned special allowance @ 50% per month of the Ph.D. allowance on the basis of L.L.M. Degree in terms of a circular letter dated 20-9-1990 issued by the Government of the Punjab, Finance Department. Subsequently he was allowed Ph.D. allowance at the…
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