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Petitioner: DIRECTORGENERAL, DIRECTORATE GENERAL OF REGISTRATION and others VS Respondent: NASEEM AHMAD JAFRI and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Arif, Ajmal Mian, Munawar Ahmed Mirza Title:DIRECTORGENERAL, DIRECTORATE GENERAL OF REGISTRATION and others vs
NASEEM AHMAD JAFRI and others Case No.:Civil Petitions Nos. 44, 45, 20 and 394 to 417 of 1998, W.Ps. Nos. 7422, 7424 of 1995, dated 2-10-1997 W.P. Nos.263, 419, 1102 of 1992, 131, 282, 348, 465, 550, 963, 984 and 1012 of 1994, 21, 604, 98 and 760 of 1996, 1232 of 1997, 3, 146, 196, 257, 597, 787, 948, 1119 and 1132 of 1995 Date of Judgment:1998-10-07 Reported As: 1999 SCMR 2462 Result: appeal granted Judgment ORDER ' AJMAL MIAN, C.J.---By this common order we intend to dispose of all above petitions for leave to appeal, subject to limitation. 2. Above petitions are directed against two judgments namely (i) dated 7-4-1997 passed by learned Single Judge of Lahore High Court, Multan Bench, Multan, in Writ Petitions Nos. 7422 and 7524 of 1995 and (ii) dated 2-10-1997 passed by Peshawar High Court, Peshawar, in Writ Petition No, 362 of 1992 etc. Whereby respondents who were working in various Departments/Organizations have been allowed 20% Secretariat Allowance, inter alia, on the basis of judgment of this Court in the case reported in PLD 1993 SC 375. 3. The question which needs consideration in above petitions is as to whether the impugned judgments are in accordance with law enunciated by this Court in the case of Muhammad Shabbir Ahmad Nasir v. Secretary, Finance Division (1997 SCM R 1026) decided by Full Bench of this Court whereby it was held that Secretariat Allowance could be granted upto 31 May, 1994 as the allowance stood merged in the salary under the new scheme/policy. 4. Qazi Muhammad Anwar, Senior Advocate Supreme Court filed caveat in C.Ps. Nos. 399 and 402 of 1998, Mr. Muhammad Latif, Advocate Supreme Court, put in appearance for the respondents in C.F. 404 of 1998, Mr. Abdul Karim Khan Kundi, Advocate Supreme Court has also filed caveat in C.P. 412/98 and Mr K.G. Sabir, Advocate Supreme Court, is putting in appearance on behalf of
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respondents/caveators in C.Ps, 413, 415 and 416 of 1998. The above learned counsel for caveators state that they have no objection if above petitions are disposed of with the clarification that impugned judgment would be operative upto the period expiring on 31-5-1994. We would, therefore, convert above petitions into appeals and dispose of the same in above terms. 5. Whereas in the remaining petitions we grant leave to appeal, subject to limitations, on the question as to whether impugned judgments are in accordance with the law laid down by this Court in the case of Muhammad Shabbir Ahmad Nasir v. Secretary, Finance Division (supra). Leave to appeal is accordingly granted. Leave to .