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2001 C.L.R. 886

FAZAL KARIM and others vs GOVT. OF PAKISTAN and others

Citation2001 C.L.R. 886
CourtLahore High Court
Case No.Writ Petition No. 625 of 2001
Date2001-02-12
Judge(s)Raja Muhammad Sabir, Malik Muhammad Qayyum
ResultN/A

MALIK MUHAMMAD QAYYUM, J.-- This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question the demand of the respondent for the refund of secretariat/personal allowance paid to he petitioners pursuant to order dated 18.1.1994 passed in W.P. No. 14220/93.

2. The learned counsel for the petitioners has pointed out that although the secretariat allowance stands abolished by promulgation of Secretariat Allowance (Rescission of Orders etc) Ordinance, 2000 yet the Government cannot ask for the refund of any amount already paid under the orders of any Court.

3. This contention of the learned counsel has force. Section 2(2) of the Secretariat Allowance (Rescission of Orders etc.) Ordinance, 2000 is clear and unambiguous. It not only prohibits the Government from recovering any amount already paid pursuant to any order passed by the Court but it grants validity of any payment already made.

4. In view of the above, this petition is allowed with no order as to costs. It is declared that the respondents have no right to recover the amount paid as secretariat allowance/personal allowance to the petitioners. 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.

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