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2003 PLC (C.S.) 585

Dr. Syed ABUL HASSAN NAJMEE vs GOVERNMENT OF PUNJAB and others

Citation2003 PLC (C.S.) 585
CourtSupreme Court of Pakistan
Judge(s)Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Tanvir Ahmed
ResultPetition dismissed

' FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks the grant of leave from the judgment dated 18-12-1998 passed by the Punjab Subordinate Judiciary Service Tribunal at Lahore High Court, Lahore in Service Appeal No,7 of 1993.

2, The petitioner, a Member of the former Provincial Civil Services (Judicial Branch), is at present posted as Secretary, Provincial Assembly of the Punjab. The petitioner after obtaining the L.L.M.

Degree in 1985 also qualified his Ph,D. (Constitutional Law) in 1992. The petitioner was sanctioned special allowance @ 50% per month of the Ph.D. Allowance on the basis of L.L.M. Degree in terms of a circular letter dated 20-9-1990 issued by the Government of the Punjab, Finance Department.

Subsequently, he was allowed Ph.D. Allowance at the rate of Rs,1500 per month, with effect from 22- 11-1992, by the Government of the Punjab vide Order No, E-11.23-6/85 dated_ 11/17 February, 1993 read with Finance Departments Circular letter No,FD-SRI-9-3/86, dated 20-7-1988 with a further rider that the qualification allowance already sanctioned in his favor would cease to be admissible.

His representation for the grant of special allowance for L.L.M. In addition to the Ph.D. Allowance was dismissed by the; Government vide letter dated 21-8-1993. The service appeal of the petitioner was also dismissed by the impugned order of the Punjab Subordinate Judiciary Service Tribunal. Hence this petition for leave to appeal

3. The learned counsel for the petitioner argued that the qualifications of L.L.M. And Ph.D. Were distinct and independent and there was no question of their amalgamation. The petitioner was entitled to the Ph.D. Allowance in addition to the special allowance for his L.L.M. Degree.

4. We have heard the learned counsel for the petitioner at length. We find that there is no rule or policy decision of the Government which entitles the petitioner to the special allowance for L.L.M.

Degree in addition to the Ph.D. Allowance. By placing a rider by circular letter dated 11-2-1993 the Government seems to have neutralized its earlier letter dated 20-9-1990. The view taken by the Punjab Subordinate Judiciary Service Tribunal is reasonable and unexceptionable in the facts and circumstances. This is not a fit case for grant of leave.

5. For the foregoing reasons, we do not find any merit in this petition which is dismissed accordingly. No order as to costs.

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