' RAJA FAYYAZ AHMAD, C.J---The following reliefs have been claimed in this Constitutional petition:- "(a) That the petitioners are entitled to the Instructional Allowance as per Notification dated 1-7- 1986 issued by the Finance Division.
(b) That the Government has no lawful authority to restrict the benefit of afore-said memorandum dated 1-7-1986 to the institutions referred to in the body of petition and not allowing the same benefit to the institutions where the petitioners are employed.
(c) That the respondent/Government has no lawful authority to pick and choose amongst similar situated institutions/employees for the purpose of conferment of financial benefit of O.M. Dated 1- 7-1986 and consequently the order issued by Ministry of Population Welfare dated 30-9-1999 and the Notification dated 24-9-1997/8-9-1999 statedly issued by Establishment/Finance Division are equally without lawful authority.
(d) Permanently restraining the respondents from stopping the benefits of Instructional Allowance @20% of the basic pay till the disposal of this petition: and
(e) Any other relief which this honourable Court may deem fit and appropriate in the circumstances of the case, in the interest of justice and equity."
2. The case of the petitioners is that they are employed in the Directorate of Clinical Training of Population Welfare Division, under the Ministry of Population Welfare, Government of Pakistan and the said Directorate is running three (3) Population Training Institutes including twelve (12) Regional Training Institutes throughout the country, whereas; the Directorate of Clinical Training has a supervisory role, as well as; is responsible to develop uniform training curricula, prepare text books, develop teaching/A.B aids for training and to conduct examination for certification of competence as service provider, assess, and improve quality of training and ensure proper implementation of clinical training through all the Regional Training Institutes. Thus, the Directorate is responsible for the overall management of training of paramedics for family planning services in the country, for technical supervision and coordination with the Population Welfare Departments of the provinces.
AJK, Northern Areas and FATA, Population Welfare Training Institutes, Health Departments, Non- Governmental Organizations, TGIs and public sector organizations are also involved in the service delivery of the programme and non-programme outlets, but no officer/officials of the Directorate is actively deployed on instructional duties. As against this, the Regional Training Institutes develop the manpower and equip the doctors and paramedics of the programme with the required knowledge and skills; who are then posted mainly at the family planning service delivery outlets i,e, Family Welfare Centers, reproductive Health Service Centers and Mobile Service Units and some at the Provincial, Divisional, District and Tehsil Headquarters, as well as; Regional Training Institutes and the Tehsil Training Centers. The Ministry of Population Welfare has developed a network of Population Planning Service throughout the country so as to create awareness amongst masses for the adoption of small family norms and appropriate spacing/intervals in the births, as well as; provision of facilities and contraceptives.
' Further the case of the petitioner is that the categories of the officers and staff of Regional Training Institutes are functioning under the Directorate of Clinical Training, who are deployed on whole time instructional duties in the field of clinical training i,e, Principal/Deputy Principal (Head of Institute), Senior. Instructor, Instructor, Junior Instructor, Tutor/Sister Tutor and Assistant Tutor.
3. The Government of Pakistan, Finance Division vide Memorandum No,F.3 (17)-RM2/84., dated 1-7- 1986 decided to grant instructional allowance with effect from 1-7-1986 to all the officials deployed on instructional duties in the above said Institutions including the heads of the Institutions @ 20% of the minimum of the pay scale of the official concerned, whereas; vide the above said memo. Any other special pay, deputation pay or deputation allowance admissible to the instructional staff including Heads of the Institutions prior to the issue of the said order shall cease to be admissible from the date of grant of instructional allowance. Further in para-3 of the said memorandum it has been clarified that this has been issued with the concurrence of the Establishment Division. For convenience and reference, the office memorandum, referred to above is reproduced hereinbelow in extenso:-- "Government of Pakistan Finance Division (REGULATION WING)
No,F.3(17)-R.2/84 Islamabad, the 1st July, 1986.
OFFICE MEMORANDUM ' Subject:-GRANT OF INSTRUCTIONAL ALLOWANCE TO THE OFFICERS/STAFF DEPLOYED ON INSTRUCTIONAL DUTIES IN GOVERNMENT TRAINING INSTITUTES/ AUTONOMOUS SEMI-AUTONOMOUS TRAINING INSTITUTIONS.
' The undersigned is directed to state that the question of rationalism of the existing rates of special pay or allowance admissible to officers/staff deployed on instructional duties in various training institutions functioning as organizations of the Federal Government or as autonomous/semi- autonomous institutions and imparting training to government servants has been under consideration for some time past. It has now been decided to grant an Instructional Allowance, with effect from 1-7-1986 to all officials deployed on instructional duties in such institutions, including the Heads of the Institutions. The allowance shall be admissible at the rate of 20% of the minimum of the pay scale of the official concerned.
2. Any other special pay, deputation pay or deputation allowance admissible to the instructional staff, including Head of Institutions, prior to the issue of these orders shall cease to be admissible from the date of grant of the Instructional Allowance.
3. This issue with the concurrence of the Establishment Division.
(Sd).
(I.H. Rizvi)
Deputy Secretary (R.I)
' All Ministries/Divisions etc: ' Government of Pakistan Cabinet Secretariat Establishment Division ' Folder No,62/F&A. Rawalpindi, the 13th July, 1986 ' Forwarded for information to all concerned.
(Sd) (Akhtar Ali Khan) Section Officer (F&A) Phone: 63431."
' Later on vide Office Memo: No,F-3 (17)-R/84, Government of Pakistan Finance Division (Regulation Wing) dated 13-10-1988 modified the earlier order as contained in the office memo. Whereby the grant of instructional allowance was made applicable with immediate effect instead to take effect from 1-7-1986. The text of this order/official memo. Is reproduced hereunder:-- "With reference to Finance Division's 0.M No,F.3(17)-R.2/84 of 1st July, 1986 on the subject, the undersigned is directed to say that with immediate effect and subject to the conditions prescribed in the above referred 0.M., it has been decided to change the rate of instructional allowance from 20% of the minimum of the pay scale to 20% of the basic pay of the official concerned."
4. The petitioners have claimed that they along with all such other employees throughout Pakistan were receiving the instructional allowance which was not granted to one of the Assistant Sister Tutor (not amongst the petitioners) but on her representation the same was allowed, however; a question arose as to whether she was entitled for the arrears of the instructional allowance and eventually the Establishment Division took the view that the instructional allowance was not admissible to the Tutors in the Family Welfare Organization which should be stopped forthwith, though; that Ministry of Population Welfare took the stand that the teaching staff of the Regional Training Institutions/Population Training Institutions are entitled for the instructional allowance and finally pursuant to the decision so taken, the Ministry of Population Welfare vide letter dated 30-9- 1999 addressed to the Director, Directorate of Clinical Training, Islamabad directed to stop the payment of instructional allowance to the employees of the Regional Training Institutions/Population Welfare Training Institutions, forthwith. The decision taken by the Establishment Division, Government of Pakistan with reference to the 0.M No,10 (8)/93-Admn-V dated 7th July, 1997, as contained in its letter dated 24-11-1997 was communicated to the Ministry of Population Welfare, Government of Pakistan, Islamabad; pursuant to which vide letter dated 30-9- 1999 the Ministry of Population Welfare, Government of Pakistan issued the above referred directions to stop the payment of instructional allowance forthwith, are respectively reproduced hereinbelow:-- "GOVERNMENT OF PAKISTAN MINISTRY OF POPULATION WELFARE No, 10-8/93-Admn. V, Islamabad, the 30th Sep, 1999 To, The Director, Directorate of Clinical Training, 14-P,F-8 Markaz, Islamabad.
Subject: GRANT OF INSTRUCTIONAL ALLOWANCE TO THE OFFICERS/STAFF DEPLOYED ON INSTRUCTIONAL DUTIES IN GOVERNMENT TRAINING INSTITUTIONS/ AUTONOMOUS/SEMI-AUTONOMOUS TRAINING INSTITUTIONS.
' I am directed to state that Establishment Division and Finance Division vide their 0.Ms No,Dy.456/97-CP-II, dated 24-11-1997 and No,3(17) R.II/84-Dy.383/99, dated 8-9-1999 have not admitted/accepted the contention of this Ministry and again regretted admissibility/payment of instructional allowance to the teaching staff of RTIS/PWTIs in terms of Finance Division's 0.M No,F.3 (17)-R.2/84,dated 1-7-1986.
' In view of the above position, payment of the instructional allowance to the employees of RTIS/PWTs may be stopped forthwith. Necessary action may be taken accordingly under intimation to this Ministry.
(Muhammad Din)
Section Officer (Admn.V)"
"Government of Pakistan Cabinet Secretariat Establishment Division No, Dy. 456/97-CP.II Islamabad, the 24th Nov. 97 Subject:-Grant of Instructional Allowance to the Officers/Staff Deployed on Instructional Duties in Government Traning Institutions/Autonomous/Semi- Autonomous Institutions.
' The undersigned is directed to refer to Ministry of Population Welfare's 0.M No,10 (8)/93-Admn: V dated 7th July, 1997, on the subject noted above. The proposal for grant of instructional allowance to the officers/staff as mentioned in the OM, has been examined in consultation with the Management Services Wing of the Cabinet Division. It was found that the said allowance is only admissible/available to the employees of Directorate of Clinical Training Karachi, under the Ministry of Population Welfare. The request of officers/staff employed in other training institutions may therefore be regretted.
(Sd)
(Muhammad Asghar Ch.) Section Officer (CP-II)"
5. It has been pleaded and contended in the memo. Of the Constitutional Petition that by dint of the nature of the duties of the petitioners and the institutions in which they are working are completely covered by Notification dated 1-7-1986, issued by the Finance Division, Government of Pakistan and thus; they are entitled to receive the instructional allowance @ 20 % of the basic pay, which is also being paid to the officials deployed to impart the instructional duties in various institutions including National Institute of Public Administration, Pakistan Administrative Staff College, Civil Service Academy, National Police Academy, Secretariat Training Institute, Pakistan Academy for Rural Development, Pakistan Manpower Institutes, National Institute of Labour Administration Training and N.I.P.A. As the instructional allowance was rightly granted to them and the same was availed up to October, 1999 by the petitioners without any objections even by the Establishment Division or the Finance Division, consequently; the decision taken by the Establishment Division as contained in its letter dated 24-1-1997 and the consequential office orders/Oms issued by the Finance Division and the Ministry of Population Welfare dated 8-9-1999 and 30-9-1999 are void, illegal and of no legal effect as the petitioners essentially belong to the same category of employees and similar institutions to which the benefit of instructional allowance is being paid. The withholding of the benefit of instructional allowance to the petitioners, but made available to the other similar situated employees/institutions is in conflict with Article-25 of the Constitutional of Islamic Republic of Pakistan, therefore, the petitioners are entitled to the said allowance in terms of the Notification issued by the Finance Division on 1-7-1986 as amended vide subsequent 0.M dated 13-10-1988.
3. Parawise comments were not filed by the Establishment Division and Finance Division except the Government of Pakistan through Ministry of Population Welfare Department, Islamabad (respondent No,1) in which it has been admitted that vide memorandum dated 1-7-1986 instructional allowance @ 20 % of the minimum basic scales with effect from 1-7-1986 was allowed to the Officers and members of the staff working in three Population Welfare Training Institutes (PWTIs) and twelve Regional Training Institutes (RTIs) actually deployed on instructional duties.
Later on, the Audit Team of the AGPR, Islamabad during the audit of the accounts of the Regional Training Institute, Rawalpindi for the year 1985-86 to 1991-92 pointed out the drawal of instructional allowance by one Johar Naz, Family Welfare Counselor (PBS-11) as irregular and in the meantime a reference by respondent No,1 (Ministry of Population Welfare Division) was made to the Finance Division seeking advice regarding settlement of a time-barred claim of instructional allowance to an Assistant Sister Tutor of the Regional Training Institute, Faisalabad, pursuant to which the Finance Division observed that allowance was not admissible to the Tutors in the Family Welfare Organization which should be stopped forthwith. The quoted relevant observations of the Audit Team (Annexure-A) to parawise comments in respect of the case of the Family Welfare Counselor Mrs. Gohar Naz reads as under:- "That it was noticed seriously that Mrs. Gohar Naz, Family Welfare Counselor was drawing instructional Allowance at the rate of 20% of her pay irregularly and unauthorizedly."
' It has further been pointed out in the parawise comments that the question regarding grant of instructional Allowance to the officers/officials deployed on instructional duties in the Population Welfare Training Institutions (PWTIs), Regional Training Institutions (RTIs) was again referred to the Finance Division for re-consideration but the Finance Division vide O.M No,F-3-(17)R-11/84-Dxy.
383/99 dated 8-9-1999 did not agree with the proposal for grant of the Instructional Allowance to the officers of the Regional Training Institutions and Population Welfare Training Institutions on the basis of the Establishment Division's O.M No,456/97 CP-11 dated 24-11-1997, consequently; the impugned Notification dated 30-9-1999 was issued by the respondent No,1 to the concerned institutions to stop the Instructional Allowance, thus; it has been contended in the parawise comments that the said allowance was stopped with the concurrence of the Establishment and Finance Division, therefore, the petitioners are not entitled to draw the same, accordingly; the Constitutional petition may be disposed of on merits.
4. The learned counsel for the petitioners and Ch. Mumtaz Yousaf, the learned Standing Counsel have been heard. Mr. H. Shakil Ahmed contended that the decision taken by the respondents No,2/Government of Pakistan, Establishment Division, holding that the Instructional Allowance is only admissible to the employees of the Directorate of Clinical Training, Karachi under the Ministry of Population Welfare by declining the request of the officers/staff deployed in the other training institutions to be not entitled to the grant of such allowance, as contained in its letter dated 24-9- 1997 pursuant to which the respondent No,1 Ministry of Pouplation Welfare vide letter dated 30-9- 1999 with reference to the aboversaid decision of the Establishment Division and Office O.M dated 8-9-1999 issued by the Finance Division, Government of Pakistan (Regulation Wing) directed to stop the payment of Instructional Allowance to the employees of the RTIs and PWTIs forthwith as the Establishment Division and the Finance Division have not admitted/accepted the contention of Ministry of Population Welfare and again regretted the admissibility/payment of the Instructional Allowance to the teaching staff of RTIs and PWTIs in terms of the Fiancne Division O.M No,F.3 (17)- R.2/84 dated 1-7-1986, is discriminatory, illegal, void and without jurisdiction being violative of the provisions of Article 25 of the Constitution of Islamic Republic of Pakistan read with Article-4 of the Constitution as according to the learned counsel, the Directorate of Clinical Training of Population Welfare Division under the Ministry of Population Welfare, Government of Pakistan is running three
(3) Population Training Institutes including twelve (12) Regional Training Institutes throughout the country and the Directorate of Clinical Training has a supervisory role, as well as; responsible to develop uniform training curricula, prepare text books, develop teaching/A.B aids for training and to conduct examination for certification of competence as service provider, assess and improve quality of training and ensure the proper implementation of clinical training through all the Regional Training Institutes, and; thus the Directorate is responsible for the overall management of training of paramedics for family planning services in the country. Also, the Regional Training Institutes develop the manpower and equip the doctors and paramedics of the programme with the required knowledge and skills; who are then posted mainly at the family planning service delivery outlets such as; Family Welfare Centers, reproductive Health Service Centers and the Mobile Service Units, as well as; some were posted at the Provincial, Divisional, District and Tehsil Headquarters at Regional Training Institutes and the Tehsil Training Centers, whereas; the categories of the officers and staff of Regional Training Institutions are functioning under the Directorate of Clinical Training, who are deployed on whole time instructional duties in the field of clinical training namely Principal/Deputy Principal, Senior Instructor, Instructor, Junior Instructor, Tutor/Sister Tutor and Assistant Tutor, specified in the memo. Of Constitutional petition are equally by dint of their nature of duties to be entitled to receive the instructional allowance as contained in the Office Memo dated 1-7-1986 issued by the Government of Pakistan, Finance Division, yet; the respondent No,2 without taking into consideration the similar nature of instructional duties being discharged by the instructional staff/petitioners, deprived them arbitrarily and unlawfully to receive the said allowance vide impugned decision as contained in the letter of the respondent No,2 by virtue of which the allowance has been made admissible only to the employees of the Directorate of Clinical Training Karachi under the Ministry of Population Welfare, although; no such departure can be made or is permissible in respect of the order employees discharging the instructional duties in terms of the Notification dated 1-7-1986 issued by the respondent No,3/Government Pakistan, Finance Division as amended vide subsequent Notification/order dated 13-10-1988, whereby the Instructional Allowance was made admissible with immediate effect i,e, from the date of the issuance of the Notification dated 1-7-1986 on the subject.
' The learned counsel next contended that the grant of Instructional Allowance has been withheld by misconstruing and misapplying the Notification as it stands, although; by virtue of the same the petitioner are legally entitled to receive the instructional allowance which they did regularly receive by dint of nature of their duties at par to the employees of the Directorate of Clinical Training, Karachi, and the employees of other Organizations of the Government similarly placed and situated, therefore, effect of the Notification cannot be restricted and made applicable only to the employees of the Directorate of Clinical Training, Karachi, moreover; the interpretation conceived to have been made resulting into taking of the decision by the respondent No,2 in ,withholding/stopping the payment of the instructional allowance to the petitioners is violative of the Notification itself, therefore, the order to the effect/decision taken by the respondent No,2 \besides; being discriminatory is also mala fide, arbitrary, void and without jurisdiction nor for any reason such allowance having been continuously availed by the petitioners can be stopped for any factor or reason, hence; the impugned order/Notification to be declared as of no legal effect by issuing writ as prayed for.
5. The learned Standing Counsel argued that the Government of Pakistan, Establishment Division on consideration of representation made by an individual in his case and the reference made by the respondent No,1/Ministry of Population Welfare, Government of Pakistan; appropriately and in accordance with law having considered all the factors, reasons and grounds found that the instructional allowance is only Admissible to the employees of the Directorate of Clinical Training, Karachi and the request of the Officers/staffs employed in the other training institutions culminating into the proposal so expressed by the Ministry of Population Welfare in its O.M No,10 (8)
93 Admn. V dated 7-7-1997 on the subject was regretted to be entertained, hence; no exception to the same can be taken as the admissibility of the Instructional Allowance though; being earlier received by the petitioners was subsequently categorized to be admissible only to ,a particular class of the employees i.e Directorate of Clinical Training, Karachi and the exclusion of the other classes of the employees was neither discriminatory nor arbitrary and illegal. According to the learned Federal Standing Counsel the discontinuation of the Instructional Allowance to the petitioners to which they were not found to be entitled by itself does not confer any right on them to question stopping of the allowance by the Government of Pakistan which does not offend the provisions of Article-25 of the Constitution nor such order can be termed as violative of the law.
6. The contentions put forth on behalf of the parties have been considered in the light of the pleadings of the parties and the documents filed with the memo. Of Constitutional petition and the parawise comments including the office memorandums/notifications issued from time to time on the subject referred to hereinabove. It is an admitted feature of the case that by virtue of office memorandum dated 1-7-1986 issued by the Government of Pakistan, Finance Department (Regulation Wing) decision was taken with reference to the question of rationalization of the existing rates of special pay or allowances admissible to officers/staff deployed on instructional duties in various training institutions functioning as organizations of the Federal Government or as autonomous/semi-autonomous institutions and imparting training to government servants remained under consideration for some time past and; finally it was decided to grant Instructional Allowance with effect from 1-7-1986 to all officers/staff deployed on instructional duties in such institutions, including the Heads of the Institutions at the rate of 20% of the minimum of pay scales of the official concerned and; any other special pay, or deputation allowance admissible to the instructional staff, including Head of Institutions prior to the issuance of order as per decision so taken shall cease to be admissible from the date of the grant of the Instructional Allowance.
Furthermore; it has specifically been stated in para. No,3 of the office order that this order has been issued with the concurrence of the Establishment Division, however, vide subsequent O.M dated 13- 10-1988 the Instructional Allowance was made applicable with immediate effect instead to take effect from 1-7-1986 at the @ 20% of the basic pay issued by the Finance Division, Government of Pakistan. It has not been disputed that the petitioner and the other officers, staff deployed on instructional duties in various training institutions functioning as organizations of the Federal Government or as autonomous, semi-autonomous institutions imparting training to the government servants have been receiving the Instructional Allowance at the rate of 20% of the basic pay scale of the official concerned in terms of the above said order issued with the concurrence of the Establishment Division as modified vide subsequent office order dated 1-7-1986 issued by the Finance Division on the subject, but later on vide order as contained in the office memorandum dated 24-11-1997 issued by the Government of Pakistan, Cabinet Secretariat, Establishment Division, the proposal referred to in the O.M No,10 (8)/93-Admn. V dated 7-7-1997 of the Ministry of Population Welfare; was considered and it was held that the Instructional Allowance is only admissible to the employees of the Directorate of Clinical Training, Karachi under the Ministry of Population Welfare, as such; the request of the officers/staff employed in other training institutions to be entitled for the allowance was regretted. Copy of the above said office memorandum of the Ministry of the Population Welfare dated 7-7-1997 has not been filed by either of the parties to the case, however; it appears from the contents of this office memorandum impugned herein that some of the officers/staff members employed in the training institutions other than the employees of the Directorate of Clinical Training Karachi made a representation for the grant of Instructional Allowance to them pursuant to which reference was made to the Establishment Division by the Ministry of Population Welfare through the abovesaid O.M dated 7-7- 1997 and such proposal was brought under consideration and examined in consultation with the Management Services Wing of the Cabinet Division and it was found that the Instructional Allowance is only admissible to the employees of the Directorate of Clinical Training, Karachi under the Ministry of Populations Welfare, communicated to the Ministry of Population Welfare, vide O.M dated 24-11-1997, in compliance whereof the Ministry of Population Welfare, Government of Pakistan vide letter dated 30-9-1999 addressed to the Director, Directorate of Clinical Training, Islamabad it was conveyed that the Establishment Division and the Finance Division vide their O.Ms. Dated 24-11-1997 and 8-9-1999 have not admitted/accepted the contention of the Ministry of Population Welfare and again regretted admissibility regarding Instructional Allowance to the teaching staff of the Regional Training Institutes (RTIs) and Population Welfare Training Institutes (PWTIs) in terms of the Finance Division Office Memorandum No,F.3 (17)-R-2/84 dated 1-7-1986.
' The inability expressed by the Finance Division, Government of Pakistan to entertain and accede to the proposal for grant of Instructional Allowance conveyed to the Ministry of Population Welfare vide Office Memorandum dated 8-9-1999 has also been impugned in this Constitutional petition which is reproduced hereinbelow in extenso for convenience and reference:-- "Government of Pakistan Finance Division (Regulation Wing)
No,F.3(17)R.II/84-Dy.383/99 Islamabad, the 8th September, 1999 OFFICE MEMORANDUM ' Subject:- GRANT OF INSTRUCTIONAL ALLOWANCE TO THE OFFICERS/STAFF DEPLOYED ON INSTRUCTIONAL DUTIES IN GOVERNMENT TRAINING INSTITUTIONS/ AUTONOMOUS/SEMI AUTHONOMOUS TRAINING INSTITUTIONS.
' The undersigned is directed to refer to the Ministry of Population Welfare's U.0 Note No,10 (8)193- Admn. V dated the 17th May, 1999 on the subject noted above and to state that this Division regrets its inability to accede to the proposal. In this regard reference is also invited to the Establishment Division's Office Memorandum No,Dy. 456/97-CP-II dated 24- 11-1997 .
' This issue with the approval of this competent authority.
(Sd)
(IFTIKHAR AHMED) SECTION OFFICER (R.II)
' Ministry of Population Welfare, (Mr. Abdul Rehman, ' Section Officer (F&A), ' Islamabad."
' It is pertinent to note that no independent decision was taken by the Finance Division on the subject rather the Finance Division in compliance with the order/decision of the Establishment Division regretted to accede to the proposal of the Ministry of Population Welfare regarding admissibility of the Instructional Allowance to the officers/staff of the various training institutions functioning as organizations of the Federal Government etc. Imparting training to the government servants.
' Bare reading of the contents of the Letter /OM No,Dy.456/97-CP.II dated 24-11-1997 issued by the Government of Pakistan, Establishment Division on the subject reproduced in para. No,4 supra would suggest to believe that the proposal for the grant of Instructional Allowance referred to above was made by the Ministry of Population Welfare in view of the representation of some of the officers/employees of the organizations of the said Ministry which was considered in the light of the initial decision taken with the concurrence of the Establishment Division to grant Instructional Allowance to all the officers deployed on instructional duties in the various training institutions functioning as organization of the Federal Government and imparting training to the government servants as contained in the O/M No,F-3 (17) R-11/84 dated 1-7-1986 of the Finance Division, Government of Pakistan and; it was found that the said allowance is only admissible to the employees of the Directorate of Clinical Training, Karachi. Although; no specific reference has been made in the above-quoted letter of the Establishment Division regarding O.M of the Finance Division dated 1-7-1986 as modified subsequently vide order dated 13-10-1988, yet; the assumption can be safely maintained that the office memorandum of the Finance Division with regard to the admissibility of the Instructional Allowance to the employees deployed on instructional duties was taken into account by the Establishment Division, evident from the words used in the impugned O.M of the Establishment Division dated 24-11-1997 i,e, "only admissible to the employees of the Directorate of the Clinical Training, Karachi", have significantly been used in the context of the initial order/office memorandum dated 1-7-1986 on the subject issued by the Finance Division, Government of Pakistan whereby the Instructional Allowance was made admissible to the Officers/staff, deployed on instructional duties in various training institutions functioning as organizations of the Federal Government etc.; meaning thereby that all the officers and the staff members of the Organizations were allowed Instructional Allowance at the given rate provided that they have been deployed on instructional duties else; there was no occasion for the Establishment Division to have stated in the above referred office memorandum that the said allowance is admissible 'only' to the employees of the Directorate of Clinical Training, Karachi, hence; in such view of the matter it can be unexceptionally concluded that the initial order as contained in the O.M dated 1-7-1986 issued by the Finance Division on the subject with the concurrence of the Establishment Division was construed and interpreted by the Establishment Division in the sense that the Instructional Allowance is admissible, only to the employees of the Directorate of Clinical Training, Karachi, which interpretation and the meaning so derived, negates and nullifies the object, intention, letter and the spirit of the grant of Instructional Allowance; as in unequivocal terms, the Instructional Allowance was made admissible to all the officers/staff provided they have been deployed on instructional duties in various training institutions functioning as organization of the Federal Government or as autonomous/semi-autonomous institutions imparting training to the government servants. It appear that the Establishment Division while construing the grant of Instructional Allowance, made admissible by virture of the initial O.M dated 1-7-1986 issued by the Finance Division, failed to take notice of the fact that the same was issued with the concurrence of the Establishment Division and was made admissible to all the officers and staff members, who were equally deployed on instructional duties in various training institutions functioning as organizations of the Federal Government imparting training to the government servants and thus; manifest object of the grant of Instructional Allowance stood frustrated by making further classification within the class/category of the officers/staff members of the above said organizations deployed on instructional duties and imparting training to the government servants thereby the allowance was made admissible only to the employees of the Directorate of Clinical Training, Karachi under the Ministry of Population Welfare without highlighting any other kind of high class specialized nature of duties, which falls beyond the scope of instructional duties and imparting training to the government servants by the staff deployed for the purpose by various training institutions functioning as organizations of the Federal Government. Obviously the allowance was made admissible to the officers/staff deployed on instructional duties in various institutions for imparting training to the government servants and no distinction whatsoever was made for the allowance to be made admissible or applicable to any particular organization of the Federal Government, rather; determined criteria was that the officers/staff of such organizations if have been deployed on instructional duties by the various training instructions functioning as organizations of the Federal Government and are imparting training to the government servants shall be entitled to receive the Instructional Allowance. No doubt reasonable and rational classification of a particular category of class of employees to be entitled to receive an additional benefit can be made keeping in view a particular or specialized or skilled nature of duties to be discharged by such employees by virture of their assignment or holding of office, but further classification within the category of class of employees to avail certain benefits would amount to discrimination within the purview of Article-25 read with Article-4 of the Constitution of Islamic Republic of Pakistan which is not permissible unless it is shown that to deprive the employees of the other organizations of the government similarly placed and situated in discharging similar nature of functions and duties for a particular purpose are not entitled to receive the benefit already accrued and made available to them except the employees of one of such organizations, but in the instant case no such distinction has been made, nor could be pointed out during the course of arguments by the learned Standing Counsel. Earlier to the objected decision made by the Establishment Division, the officers/staff members of the organizations of the Federal Government since July, 1986 were receiving Instructional Allowance at the specified rates deployed on instructional duties in imparting training to the government servants including the employees of the Directorate of Clinical Training Karachi, but subsequently vide impugned order of the Establishment Division as contained in his letter dated 24-1-1997 the officers/staff of the other organizations have been found to be not entitled for the Instructional Allowance except the employees of the Directorate of Clinical Training, Karachi, although; the officers/staff of the other organizations of the government deployed on instructional duties and imparting training to the government servants were equally entitled to receive the Instructional Allowance. Undoubtedly, per se a classification does not offend the constitutional guarantee, but it must be based upon some intelligible differentia, bear reasonable and just nexus to the object sought to be achieved by an executive act and in case the designated authority transgresses the limits while exercising the powers the actual order of the authority would be treated as unconstitutional. In the instant case the exercise of discretion in isolating the similar class of officers/staff of the organizations of the government discharging similar, nature of functions and duties, imparting training to the government servants and deployed on instructional duties have been singled out and segregated to be not entitled to receive the Instructional Allowance, obviously; is an act of discriminatory nature/offends the provisions of the abovesaid Article of the Constitution and thus; cannot be allowed to hold the fields. It is an undisputed feature of the case that the petitioner along with the employees of the Regional Training Institution, Ministry of Population Welfare, Government of Pakistan, Quetta were deployed on instructional duties for imparting training to the government servants on the subject and discharging their duties described in the memo. Of Constitutional petition, similar to the one being discharged by the officers of the Directorate of Clinical Training, Karachi within the meaning of the order communicated to all concerned by the Government of Pakistan, Finance Division, vide letter dated 1-7-1986 issued with the concurrence of the Establishment Division, reproduced in para-3 supra for having been deployed on instructional duties for imparting training to the government servants, hence; notwithstanding the impugned order/decision of the Establishment Division are equally entitled to receive Instructional Allowance at the specified rates. Moreover; as the petitioners have been regularly receiving the Instructional Allowance till it was stopped pursuant to the decision/order of the Establishment Division being violative of the earlier grant made admissible to the petitioners cannot be given effect to, as well as; discriminatory, illegally and contrary to the manifest object, intent and the letter and spirit of the grant of instructional allowance, which appears to have patently been misconstrued and misinterpreted. Even if it be assumed that the impugned order/decision of the Establishment Division was an independent one still it cannot be given effect to for having been made in violation of the provisions of the Article-25 read with Article-4 of the Constitution of Islamic Republic of Pakistan.
' Thus for the above reasons, the impugned order of the Establishment Division on the subject as contained in its Letter No,Dy.456/97-CP.II dated 24-11-1997 and the consequential office orders/O.Ms issued by the Finance Division, government of Pakistan and the Ministry of Population Welfare, government of Pakistan are declared to be illegal, void and of no legal effect and; writ is accordingly; issued declaring the petitioners to be entitled to the Instructional Allowance as per order No,F.3 (17)-R.2/84 dated 1-7-1986 issued by the government of Pakistan, Finance Division with the concurrence of the Establishment Division.
' The result is that this Constitutional petition is accepted in the above terms, leaving the parties to bear their own costs.