GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar vs MAQSAD HAYAT Ss

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GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar VS MAQSAD HAYAT Ss. 2(e), 17 & 23, proviso--- Constitution of Pakistan, Art. 3---Fundamental Rules, F.R. 28(b)---Government teachers (BPS-15) serving in the Elementary and Secondary Education Department---Conveyance allowance---Discontinuation of conveyance allowance during summer and winter vacations---Constitutionality and legality---Under section 23 of the Khyber Pakhtunkhwa Civil Servants Act, 1973, it is clearly provided that where the said Act or any rule was applicable to the case of a civil servant the case shall not be dealt with in any manner less favourable to him than that provided by the Act or such rule---Furthermore Fundamental Rule 28(b) showed that vacations counted as duty---Thus, there was no statutory provision under which conveyance allowance of the teachers (respondents) could be stopped or reclaimed---Definition of "pay" provided in section 2(e) of the Act referred to all emoluments, which were being paid to a civil servant under the terms and conditions of service, hence, no action less favourable to the terms and conditions of service could be taken, which otherwise amounted to a violation of the terms and conditions of service of a civil servant---No notification was placed on record to justify the discontinuation of conveyance allowance during summer and winter vacations---Law officer for the Provincial Government failed to point out any document, or any terms and conditions of service of the teachers in which it was ever mentioned that the payment of conveyance allowance was conditional, or that the competent authority in any case reserved the right to discontinue or deduct the amount during summer or winter vacations, nor was it argued that during the vacations the teachers, never attended their duties or during the entire vacations they were never called upon to attend the institutions---Non-payment and/or deduction of conveyance allowance from monthly perks during summer and winter vacations would be tantamount to the violation of fundamental right under Article 3 of the Constitution, which casts an unavoidable and inescapable obligation upon the State to ensure the elimination of all forms of exploitation---Petitions for leave to appeal were dismissed and leave was refused.

GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar vs MAQSAD HAYAT Ss — 2023 SCMR 8 SUPREME-COURT

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