| Case ID |
2d2430c7-a4ec-4120-9647-36571f7fe6eb |
| Body |
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| Case Number |
Constitutional Petition No. 20 of 1995 |
| Decision Date |
Apr 11, 1997 |
| Hearing Date |
Mar 31, 1997 |
| Decision |
The Supreme Court of Pakistan dismissed the Constitutional Petition No. 20 of 1995, affirming that the Secretariat Allowance was not universally applicable to all Federal Government employees but specifically to those in the Federal Secretariat and attached departments. The Court held that the withdrawal of this allowance was lawful and could not be challenged as it was not protected under the Civil Servants Act, 1973. The petitioner, who opted for revised pay scales, could not claim the Secretariat Allowance, as the increase in basic pay scales provided sufficient compensation. The Court concluded that the government's classification of employees into distinct categories for allowance purposes did not violate principles of reasonable classification under Article 27 of the Constitution. |
| Summary |
This case revolves around the legality of the withdrawal of the Secretariat Allowance for Federal Government employees following the introduction of revised pay scales under the Civil Servants Act of 1973. The Supreme Court ruled that the allowance was not universally applicable and could be retracted without legal challenge. This ruling underscores the principles of governmental discretion in employee compensation and the classification of civil servants based on their roles and pay scales. The case highlights the importance of understanding employee rights under the Civil Servants Act and the Constitution, particularly regarding pay and allowances. The decision also reinforces the concept of reasonable classification, allowing the government to differentiate between various employee categories without falling into discrimination issues. The judgment serves as a significant precedent in public service law, emphasizing the regulatory framework governing civil servants' pay and allowances. Keywords: Secretariat Allowance, Civil Servants Act, Supreme Court, Federal Government, reasonable classification. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Government,
Finance Division
|
| Judges |
M. AJMAL MIAN,
SAIDUZZAMAN SIDDIQUI,
MUHAMMAD BASHIR KHAN,
JEHANGIRI,
NASIR ASLAM ZAHID,
KHALILURREHMAN KHAN
|
| Lawyers |
Mumtaz Ali Mirza,
Ch. Akhtar Ali
|
| Petitioners |
MUHAMMAD SHABBIR AHMED NASIR
|
| Respondents |
ANOTHER,
SECRETARY, FINANCE DIVISION, ISLAMABAD
|
| Citations |
1997 SLD 713,
1997 SCMR 1026
|
| Other Citations |
PLD 1993 SC 375,
1994 SCMR 1548,
1994 SCMR 1341
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973)
|
| Sections |
17,
184(3),
27,
235(3),
240(a)
|