Syed SHAHIN SHAH vs The CHIEF SECRETARY, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR Constitution of Pakistan,

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Syed SHAHIN SHAH VS The CHIEF SECRETARY, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR Constitution of Pakistan, Arts.4 & 25---Audit and Accounts allowance granted to employees of Provincial Treasury Service vide a notification---Discrimination---Equal protection of law---Scope---Petitioner [Deputy Director (Finance and Accounts) of Local Government, Election and Rural Development] sought extension of benefit of notification contending that he was working at the same post with the same functions as that of employees of Treasury Service---Validity---Neither the petitioner was employee of Federal/Provincial Treasury Service nor of Controller General of Accounts and Auditor General of Pakistan, whereas allowance-in-question was exclusively meant for employees of Provincial Treasury Service---Equal protection of laws by Art. 25 of the Constitution did not mean that all laws must be general in character nor that the same law should apply to all persons---Varying need of different classes of persons often required separate treatment---From the very nature of society there should be different laws in different places---Identical treatment in unequal circumstances, in fact, would amount to inequality---Reasonable classification thus was not only permitted but was necessary if society was to progress---Petitioner had failed to establish that any act of the respondents was mala fide and in colourable exercise of power, as there was no discrimination within a class/group of services of petitioner and those employees of Treasury Service--- Impugned notification was specific for the persons of a specific group/class, particular for the employees of Treasury Service leaving the persons of other groups/departments and the same could not be treated as discrimination with the petitioner---Constitutional petition was dismissed, in circumstances.

Syed SHAHIN SHAH vs The CHIEF SECRETARY, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR Constitution of Pakistan, Arts — 2021 PLC(CS) 1589 PESHAWAR-HIGH-COURT

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