1997 PLP (C (PLC(CS))
IKRAM‑UD‑DIN Versus GOVERNMENT OF PAKISTAN through Secretary, Finance Department, Civil Secretariat, Islamabad and 4 others
| Citation | 1997 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Ahmad Saeed Awan, J |
| Parties | IKRAM‑UD‑DIN Versus GOVERNMENT OF PAKISTAN through Secretary, Finance Department, Civil Secretariat, Islamabad and 4 others |
Q1: What are the key laws and sections cited in 1997 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Ahmad Saeed Awan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP (C (PLC(CS)) (IKRAM‑UD‑DIN Versus GOVERNMENT OF PAKISTAN through Secretary, Finance Department, Civil Secretariat, Islamabad and 4 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- ‑‑‑‑S. 10‑‑Constitution of Pakistan (1973), Art. 199‑‑Constitutional petition‑‑ Petitioner, while serving in High Court, was deputed to Federal Shariat Court‑‑‑Notification issued for petitioner's deputation entitled him to special pay over and above his normal pay‑‑‑Non‑payment of special pay ‑‑‑Justification‑‑ Number of officials of High Court were requisitioned to Federal Shariat Court and they were allowed deputation allowance‑‑‑There was, thus, no justification to deprive petitioner of deputation allowance in keeping with rule of even handed treatment‑‑‑Authority was directed to pay deputation allowance to petitioner for specified period‑‑‑Special Costs were also awarded to petitioner for having suffered mental agony for such long time.
- Date of hearing: 6th May, 1996.
Headnotes / Summary
Judgment & Decree
The petitioner through this writ petition under Article 199 of the Constitution seeks that the respondents be directed to pay an amount of Rs. 4,359.60 as deputation allowance to the petitioner for the period from 22‑6‑1988 to 31‑12-1988 as his services were placed at the disposal of Federal Shariat Court, Islamabad.
2. Briefly facts of the case are that the Registrar, Federal Shariat Court asked the Registrar, Lahore High Court, Lahore to place the petitioner at the disposal of Federal Shariat Court for a period of one year and it was clearly mentioned in the Letter No. Reg. l/88‑F.S.C., dated 8‑6‑1988 that he would be entitled to present pay plus special pay of Rs.200 per month though the deputation was not mentioned in the first notification for his appointment. However, a revised Notification dated 15‑11‑1989 was issued by the Federal Shariat Court, Islamabad treating the petitioner on deputation and his case was referred to the Finance Division. The Law and Justice Division issued Sanction Letter No. F‑1(2)/84‑A‑III, dated 5‑9‑1989 granting deputation allowance of Rs.100 per month to the petitioner. The petitioner submitted the bill to the A.G.P.R. but was returned un-passed with the objection that the sanction letter has not been endorsed by the Finance Division. The petitioner moved applications to the Registrar, Federal Shariat Court; Honourable Chief Justice, Federal Shariat Court, Islamabad and Secretary, Law and Parliamentary Affairs Justice Division, Government of Pakistan; which are still pending since 1988 and the matter has‑not been finalised; hence this petition.
3. Admittedly a number of officers/officials of the Lahore High allowance Lahore were requisitioned Islamabad were allowed deputation allowance, hence there is no justification to deprive the petitioner of the deputation allowance in keeping with the rule of even‑handed treatment.
4. Without going further into details as the Federal Shariat Court is involved, the petition is accepted. Respondents are directed to pay deputation allowance for the period from 22‑6‑1988 to 31‑12‑1988 to the petitioner in accordance with prevalent market value of Rs.4,359.60. Special cost of Rs.3,000 is awarded as the petitioner suffered mental agony for such a long period. The order shall be complied within one, month. A.A./I‑12/L Petition accepted.