Case Details

Citation(s)
2003 SLG 1077 2003 SLD 1077 2003 PLC 1185
Supreme Court of Pakistan
Civil Appeal No. 1470 of 1998 decided on 25-09-2002. (On appeal from the judgment of Lahore High Court, Lahore, dated 08-11-1996 passed in Writ Petition No. 11741 of 1994).
MIAN MUHAMMAD AJMAL AND MUHAMMAD NAWAZ ABBASI, JJ

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PAKISTAN RAILWAYS through D.S., Lahore and 2 others

VS

MUHAMMAD ASHRAF and 16 others

Law:

Section:

Pakistan Railways Ways and Works Manual, 1959------Para. 513(a)---Big city allowance, grant of---Dispute between the parties was with regard to grant of big city allowance---Claim of the civil servants was that as their headquarter was within the limits of city therefore, they were entitled to big city allowance---Authorities asserted that since the headquarter of the civil servants was outside the municipal limits of the city, civil servants were not entitled to the allowance---High Court in exercise of Constitutional jurisdiction accepted the claim of the civil servants--­Authorities without denying the location of the headquarter of the civil servants being within the limits of municipal corporation, had contended that the civil servants were not entitled to the big city allowance---Validity---High Court repelled the contention of Authorities with the observation that no policy or instruction was shown in support of the contention that the big city allowance was not admissible to the civil servants---No substantial question of law of public importance being involved in the case Supreme Court maintained the by High Court. Mirza Masood-ur-Rehman, Advocate Supreme Court and Mehmood A. Qureshi, Advocate-on-Record (absent) for Appellants. Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Respondents. Date of hearing: 25th September, 2002. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This appeal by the leave of the Court has been directed against the judgment dated 28-11-1996 passed by a learned Single Judge of Lahore High Court, Lahore, in a Constitution petition. 2. The respondents are employed in Pakistan Railways. They were posted in Gang, No.9 with their headquarter at Therri Sansi and on 7-6-1992 their headquarter was shifted to Gujranwala. The respondents having become entitled to big city allowance were paid the said allowance but later vide order dated 14-7-1994, the same was withdrawn from the date of its sanction. The respondents being aggrieved of the…
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