FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad vs KHALID MAHMOOD Rr

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FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad VS KHALID MAHMOOD Rr.2(xviii), 4 & Scheds. I & II---Constitution of Pakistan, Art.25---Discrimination---Allotment of plot---Entitlement---Dispute was with regard to allotment of additional plot to Secretaries and respondent claimed that he had been discriminated as four other officials similarly placed had been allotted plots---Judge in Chambers of High Court directed Federal Government to allot an additional plot to respondent---Plea raised by authorities was that though respondent was promoted as Secretary but his services were placed on the disposal of Provincial Government and he did not hold office of Federal Secretary, therefore, he was not entitled to allotment of such plot---Validity---Respondent was promoted as Secretary to the Government of Pakistan and retired as such therefore he had one year service at his credit, as a Secretary---For holding of an office as a Federal Secretary it was the prerogative of Prime Minister who could place services of a Secretary, BS-22, where he wanted or had thought appropriate--- Postings of respondent at different provincial departments could not snatch rank and status of a Secretary, BS-22, because it had been awarded to him by Government of Pakistan---Every Division, under R.4 of Rules of Business, 1973, consisted of a Secretary to the Government and such other officials subordinate to him as the Government could determine and the Secretary was the official head of such Division---Amongst the other four allottees who after having been promoted as Secretaries Government of Pakistan were re-employed after their superannuation and were allowed the package but respondent was refused---According to Schedule I read with Schedule II of Rules of Business, 1973, National Security Council was not listed as a Division where one of the four allottees served and then retired, yet he was allotted an additional plot---Similarly, other three allottees though had been working as Secretaries but whether they served as head of the Divisions had not been disclosed---Allotments made to the said four officials was discrimination with respondent---Respondent after having been promoted and posted as Secretary (BS-22) under the order of competent authority had become eligible for allotment of an additional plot as were granted to other four Secretaries, whose cases were at par with that of the respondent---It was not justifiable to deprive respondent from a facility/benefit which had been awarded to those standing on the same footings---Division Bench of High Court declined to interfere in judgment passed by Judge in Chambers as there was no illegality in it---Intra Court Appeal was dismissed, in circumstances.

FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad vs KHALID MAHMOOD Rr — 2023 PLC(CS) 727 LAHORE-HIGH-COURT-LAHORE

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