P L D 1970 Lahore 137 (PLP)

Health Services Technical Pay f Class, I Rs. 100 per mensem to medical graduates plug non‑practising allow ance Rs. 200 per mensem where private practice is not allowed." It is not denied that the aforesaid Rules are now in force as amended by this Notification. It is also not denied that the petitioner belongs to the West Pakistan Health Service Class, I. By virtue of this rule, therefore, he, being a Medical Graduate, is entitled to a non‑practising allowance of Rs. 200 per mensem since as a Section Officer in the Secretariat he is not allowed private practice. The impugned order of the Governor dated 25‑9‑1962 cannot override Rules framed by him particularly when they came later in point of time.

6. It was contended before us that the petitioner was also drawing a sum of Rs. 220 per month as Secretariat Pay and if he was also given a non‑practising allowance of Rs. 200 he would be getting Rs. 420 over and above his basic salary. This, to say the least, is no argument in support of the stand taken by the Government. It is common knowledge that Secretariat Pay is admissible to all persons belonging to non -Secretariat Service as and when they are posted to the Secretariat. If, for example, a member of the Provincial Service were to occupy the post of action Officer, of which the peti tioner is an incumbent at the moment, the P. C. S. Officer would be entitled to this Rs. 220 p.m. as Secretariat Pay. This is not denied by the Government. The amount of Rs.200 is allowed to members of the West Pakistan Health Service Class I as non‑practising allowance because they ari deprived of earning a much bigger amount by taking to pro fessional practice during their leisure hours. This allowance cannot be confused with the Secretariat Pay, referred to above, and has, in fact, no relevancy to the point which arises in this case for determination.

7. The conclusion that we have arrived at, therefore, is that the petitioner is entitled as a member of the West Pakistani Health Service Class I, to‑ (i) his basic salary admissible to him as a member of " the Health Service Class I ; (ii) Rs. 220 per month as Secretariat Pay also known as Special Pay; and (iii) to Rs. 200 per month as non‑practising allowance as 4 provided by Item No. 7 of Part I of the Schedule to the West Pakistan (Gazetted) Civil Services (Pay Revision) Rules, 1964, as amended by the Notification dated 25th September 1964, reproduced in extenso above.

8. The impugned order is declared to be without lawful authority. The impugned order is, in fact, no longer operative having been impliedly repealed by the amendment of the West Pakistan (Gazetted) Civil Services (Pay Revision) Rules. 1964 on 25th September 1964 whereby the petitioner by virtue of being, member of the West Pakistan Health Service Class I, became entitled to Rs. 200 as non‑practising allowance.

9. The Government shall now therefore take necessary steps to pay to the petitioner the aforesaid amount of Rs. 200 per month as non‑practising allowance from the date that it has not been paid to him.

10. The petition is accepted with costs. A. E. Petition accepted.