Law:

Section:

Constitution of Pakistan (1973)-------Arts. 199, 4 & 25---Constitutional petition---Civil service---Instructional allowance---Entitlement---Reasonable classification---Finance Division of the Government, vide Memorandum No. F.3(17), R.2/84 dated 1-7-1986 decided to grant instructional allowance with effect from 1-7-1986 to all officials deployed on instructional duties in the Institutions which were being run by Directorate of Clinical Training of Population Welfare Division---Petitioner along with others was getting said benefit, but subsequently by decision of Establishment Division of the Government, payment of said instructional allowance was stopped to one of the institutions of the Directorate which was Regional Training Institution wherein petitioner along with other was working---No doubt reasonable and rational classification .of a particular category or class of employees to be entitled to receive an additional benefit could be made, keeping in view a particular or specialized or skilled nature of duties to be performed by such employees by virtue of their assignment or holding of office, but further classification within the category or class of employees to avail certain benefits, would amount to discrimination within the purview of Arts.4 & 25 of the Constitution, which was not permissible---Classification, per se, would not offend constitutional guarantee, but it must be based on some intelligible differentia, bearing reasonable and just nexus to the object sought to be achieved by an executive act and in case the designated Authority transgressed the limits while exercising the powers, actual order of the Authority would be treated as unconstitutional---Initial order granting instructional allowance vide Memorandum dated 1-7-1986, issued by Finance Division with concurrence of Establishment Division, was construed and interpreted by Establishment Division in the sense that instructional allowance was admissible only to employees of Directorate of Clinical Training which interpretation and the meaning, had negated and nullified the object, intention, letter and the spirit of grant of instructional allowance, as said allowance in…

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