1992 PLP (C (PLC(CS))
PROVINCE OF PUNJAB Versus MUBARAK ALI KHAN and others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Khan Khalil-ur-Rehman and Munir A. Shaikh, JJ |
| Parties | PROVINCE OF PUNJAB Versus MUBARAK ALI KHAN and others |
| Primary Law | (b) High Court Establishment (Appointment and Conditions of Service) Rules, (a) High Court Establishment (Appointment and Conditions of Service) Rules |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (b) High Court Establishment (Appointment and Conditions of Service) Rules, (a) High Court Establishment (Appointment and Conditions of Service) Rules as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Khan Khalil-ur-Rehman and Munir A. Shaikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (PROVINCE OF PUNJAB Versus MUBARAK ALI KHAN and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- 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.
Headnotes / Summary
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.
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.
Judgment & Decree
(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.