Law: Constitution of Pakistan, 1973

Section: 199, 4, 9 , 25

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Service jurisprudence--Free electricity units--Monetization of service benefits--Service-linked perk--Non-statutory concession--Vested right--Statutory entitlement--Administrative discretion--Executive policy--Cabinet Committee on Energy (CCoE)--Judicial review--Scope--Financial and fiscal policy--Separation of powers--Reasonable classification--Discrimination--Lawful policy decision--Constitutional jurisdiction--Free Electricity Units--Facility of free electricity units was in nature of a service-linked perk and privilege extended to employees--Such benefits did not constitute core service rights, statutory entitlements or pensionable benefits--Non-statutory allowances and privileges remained within administrative discretion of competent authority and could be altered, monetized or withdrawn having regard to operational requirements and financial considerations.                                                                                              [P. 635] A Non-Statutory Service Benefits-- ----It was a settled principle of law that where service conditions were not governed by statutory rules but arose purely from administrative instructions or contractual arrangements, such terms were ordinarily not enforceable through constitutional jurisdiction--In absence of a statutory foundation, alleged entitlement remained contractual in nature and could not be elevated to status of a vested right.        [P. 636] B Scope of judicial review-- ----Scope of judicial review remained limited to examining legality of decision-making process--Economic and fiscal policy decisions fell within domain of executive…