MUSHTAQ AHMAD CHAUDHRY vs SECRETARY, MINISTRY OF FINANCE, GOVERNMENT OF PAKISTAN, ISLAMABAD and others
This petition for leave to appeal challenges a judgment of the Balochistan High Court, which dismissed the petitioners' constitutional petition in limine. The core legal question concerns the entitlement of the petitioners to a 20% Secretariat Allowance, a benefit reportedly enjoyed by their counterparts in other provinces and departments. The petitioners argued that because they were not drawing this allowance on 31st May 1994, they were excluded from the benefits conferred by the Finance Act of 1994. Upon consideration, the Supreme Court granted leave to appeal, determining that the issue required further examination. As an interim measure, the Court directed that the petitioners be paid the 20% Secretariat Allowance effective from 31st May 1994, pending the final disposal of the case. This relief was granted subject to a condition of recovery: should the Court ultimately determine that the petitioners are not legally entitled to the allowance, the amounts paid during the pendency of the proceedings would be recoverable from them by the competent authorities.
- Are employees entitled to the 20% Secretariat Allowance if they were not drawing it on 31st May 1994?
- Can interim relief be granted in a service matter subject to recovery if the final decision is adverse?
- Finance Act 1994
ORDER
' MIR HAZAR KHAN KHOSO, J.---This petition for leave to appeal is directed against the judgment dated 1-8-1994 passed by a Division Bench of the Balochistan High Court which was pleased to dismiss the Constitution petition, moved by the petitioners, in limine.
2. The grievance of Mr. Tahir Muhammad Khan, learned counsel for the petitioners, is that his clients are entitled to payment of 20% Secretariat Allowance which is being paid to their counter parts in other provinces, besides the same allowance is paid to employees of other departments. He contended that as his clients were not drawing the Secretariat Allowance on 31st May, 1994, they will not be extended the same benefit by the Finance Act of 1994.
3. Since the point raised needs consideration, we are, therefore, inclined to grant leave. As to counterparts of the petitioners are already getting 20% Secretariat Allowance, we are, therefore, inclined to give interim relief to the petitioners drawing 20% Secretariat Allowance from 31st May, 1994 till the disposal of the case subject to the condition that in case the Court family holds that the petitioners are not entitled to payment of Secretariat Allowance, the same will be recovered from them. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.