1999 PLP 2462 (SCMR)
REGISTRATION and others — Petitioners Versus NASEEM AHMAD JAFRI and others — Respondents
| Citation | 1999 PLP 2462 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, CJ, Munawar Ahmad Mirza |
| Parties | REGISTRATION and others — Petitioners Versus NASEEM AHMAD JAFRI and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1999 PLP 2462 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2462 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian, CJ, Munawar Ahmad Mirza.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2462 (SCMR) (REGISTRATION and others — Petitioners Versus NASEEM AHMAD JAFRI and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Maulvi Anwar-ul-Haq, Deputy Attorney-General for Petitioners.
- Qazi Muhammad Anwar, Senior Advocate Supreme Court for Respondents (in C.Ps. Nos. 399 and 402 of 1998).
- Muhammad Latif, Advocate Supreme Court for Respondents (in C,P. . 404 of 1998).
- Abdul Karim Khan Kundi, Advocate Supreme Court for Respondents (in C.P. No. 4f2 of 1998).
- K.G: Sabir; Advocate Supreme Court for Respondents (in C.Ps. Nos. 413, 415 and 416 of 1998).
- Date of hearing: 7th October, 1998.
- 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.P. 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 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.
Headnotes / Summary
(On appeal from the judgments, dated 7-4-1997 of Lahore High Court, Multan Bench, Multan, passed .in W.Ps. Nos. 7422, 7424 of 1995, dated 2-10-1997 passed by. the Peshawar High Court, Peshawar, in 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).
Art. 185(3)
Secretariat allowance- --Grant of
High Court had allowed 20%a of Secretariat Allowance to respondents who, were working in various Departments/Organizations on basis of judgment of Supreme Court reported as Government of the Punjab through Secretary, Finance Department, Lahore v. Mubarik Ali Khan and 8 others PLD 1993 SC 375
Authorities in their petitions for leave to appeal had sought to consider whether judgments of High Courts granting Secretariat. Allowance to respondents were in accordance with .law enunciated by Supreme Court in case reported as Muhammad Shabbir Ahmad Nasir v. Secretary, Finance Division 1977 SCMR 1026 whereby it was held that Secretariat Allowance could be granted up to 31st May, 1994 as said allowance had since then merged in salary under new scheme/policy-- Respondents had also contended that they had no objection if petitions for leave to appeal were `disposed of with clarification that' orders impugned in said petitions would be operative up to period expiring on 31st May, 1994
Supreme Court converted petitions into appeals and disposed of same in said terms
Leave to appeal was, however, granted in other petitions subject to limitation on question as to whether judgment of High Court was in accordance with law as laid down by Supreme Court in case reported as 1997 SCMR 1026. Government of the Punjab through Secretary Finance Department, Lahore v. Mubarik Ali Khan and 8 others PLD 1993 SC 375 and Muhammad Shabbir Ahmad Nasir v. Secretary, Finance Division 1997 SCMR 1026 ref.
Judgment & Decree
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 SCI 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 SCMR 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.P. 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 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. H.B.T./D-16/S Leave to appeal granted.