Law:

Section:

(a) North-West Frontier Province Civil Servants Act (XVIII of 1973)-------Ss.17 & 26---North-West Frontier Province Policy Department Ministerial Service Rules, 1974---North-West Frontier Province Rules of Business, R.11---Police Rules, 1934, R. 10.3---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Claim for 20% special pay/allowance by Ministerial Staff of N.-W.F.P. Police Department as sanctioned to Police Staff and also allowed in other Provinces---Refusal of claim by Department---Validity---Ministerial Staff of Police Department were governed by North-West Frontier Province Ministerial Service Rules, 1974, and thus, were not members of uniform police governed under Police Rules, 1934---Government had sanctioned 20% special pay to Police Staff in lieu of special pay/instructional allowance---Ministerial Staff was neither Police Staff nor were drawing any special pay or instructional allowance--­Job of Ministerial Staff was quite different from Police Staff---Government had adopted its own policy within its available means keeping in view financial implications of granting and refusing relief---Quality, quantity and mode of function-and duties performed by one class of civil servants were given prime consideration while dealing with such-like situations---Civil servant was only entitled to pay sanctioned for the post---Department had neither issued any order in violation of S.17 of Civil Servants Act, 1973 nor misinterpreted the terms "Police Staff"---High Court dismissed Constitutional petition as not maintainable. PLD 1993 SC 200 and PLD 1998 Kar. 116 ref. (b) Civil service--- ---- Salary/allowance as available in. other Provinces, demand for ---Validity--­Employee of Provincial Government had no right to demand salary/allowance as available in other Provinces, because one Province could or might have means to give one concession, while other Province might not have similar means to provide such pay/allowances to its employees. Muhammad Anwar for Petitioner. Imtiaz Ali, A.A.-G. for the State. Date of hearing: 9th October, 2002. JUDGMENT IJAZ-UL-HASSAN, J.---Fazli Haq Khan, Nasrullah Khan, Syed Mir Ahmad Shah, Muslim Muhammad,…

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