' The petitioner has filed this writ petition with the following prayer:-- "It is therefore, respectfully prayed that the respondents be directed to act in accordance with the law and make to enhance the messing and uniform allowance effecting from 1-5-1987 instead of 28-10-1989 and pay cons equal arrears to the petitioners."
2. The learned counsel of the petitioner submits that employees of respondent filed a Constitutional Petition No,518 of 1995 which was accepted by this Court vide judgment dated 16-12- 1997. The case of the petitioners are exactly similar to the case of the employees of the respondents who filed the aforesaid writ petition. The learned counsel for the respondents raised a preliminary objection that writ petition is not maintainable in view of the bar contained in Article 212 of the Constitution read with section 4 of the Service Tribunals Act.
3. The learned counsel of the petitioner in rebuttal, submits that this Court has ample jurisdiction to issue the direction to the public functionaries to act strictly in accordance with law while exercise the Constitutional jurisdiction. He further urges that the petitioner approached the respondents through a legal notice but the respondents did not reply the said novice.
4. I have given my anxious consideration to the contentions of the learned counsel of the parties and perused the record.
5. It is settled principle of law that public functionaries are duty bound to decide the application of the citizens/their subordinate without fear, favour and nepotism as is envisaged by Article 4 of the Constitution read with section 24-A of the General Clauses Act as per principle laid down by the Honourable Supreme Court in Messrs Airport Support Service v. The Airport Manager I.A., Karachi 1998 SCM R 2268.
6. In view of what has been discussed above, let a copy of the writ petition alongwith all the annexures be sent to respondent No,3, who is directed to look into the matter personally and pass an appropriate order strictly in accordance with law preferably within two months after receiving the order of this Court, after providing proper hearing to all the concerned including the petitioner and any other person who would be aggrieved by his order. The petitioners are well within their right to raise all legal and factual pleas before respondent No,3 at the time of hearing the case. The petitioners are directed to appear before respondent No,3 in his office at 11-00 a.m. On 9-10-2002 who is directed to look into the matter personally and pass an appropriate order strictly in accordance with law preferably within two months after receiving the order of this Court, after providing proper hearing to all the concerned including the petitioners and any other person who would be aggrieved by his order either himself or send the same to the competent authority who is also directed to look into the matter personally and pass an appropriate order in terms of the aforesaid direction of this Court till 11-11-2002. He is further directed to submit a report to the Deputy Registrar (Judicial) of this Court within the stipulated period. The learned Legal Advisor of respondents is directed to notify the order to respondent No,3 for necessary action and compliance.
' With these observations, the writ petition is disposed of.