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Petitioner: PROVINCE OF PUNJAB VS Respondent: MUBARAK ALI KHAN
1992 P L C (C
1992 P L C (C.S.) 299
[Lahore High Court]
Before Khan Khalil-ur-Rehman and Munir A. Shaikh, JJ
PROVINCE OF PUNJAB
Versus
MUBARAK ALI KHAN and others
Intra Court Appeal No. 189 of 1989, decided on 5th May, 1991.
(a) High Court Establishment (Appointment and Conditions of Service) Rules--
---R. 22---Constitution of Pakistan (1973), Art. 25---Equal protection of law-- Grant 6f Secretariat Allowance at specific rate of basic pay payable to members of High Court Establishment---Employees of Establishment of High Court were governed in respect of their terms and conditions as to pay and other allowances by the Rules framed by High Court with approval of Governor and said Rules being the same as for other Government employees with implicit intention that whatever allowance etc. was admissible to civil servants same would automatically be allowed to members of establishment of High Court who would be justified in claiming such an allowance as a matter of right if class of employees in Government Secretariat to whom such an allowance was allowed was similarly placed as regards nature of duties and the functions which they performed and there being no functions which were special in nature, performed by them ---Held , denial of Government to grant said allowance was not only arbitrary but also denial of their right to get allowance under R.22 of High Court Establishment (Appointment and Conditions of Service) Rules and also violation of Art. 25 of the Constitution of Pakistan which guaranteed equal protection of law to all citizens.
(b) High Court Establishment (Appointment and Conditions of Service) Rules---
---- R. 22---Allowance, grant of---Grant of allowance was a grace and could not be claimed as a matter of right, however, when such an allowance was granted to a certain class of servants, it would not be refused to another class of servants similarly placed.
Malik Maqbool Elahi, Advocate-General assisted by N.A. Ghazi, AA: G. and M.M. Saeed Baig for Appellant.
Dr. A. Basit for Respondents Nos. 1 to 8.
Faqir Muhammad Khokhar Dy Attorney-General for Respondent No. 9.
Dates of hearing: 25th, 26th and 27th February, 1991.