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580/2020 Const. P. Syed Mansoob Ahmed Khatri and Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)

Sindh High CourtConstitutional Law2021

Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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580/2020 Const. P. Syed Mansoob Ahmed Khatri and Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 25-AUG-21

principally the petitioners are seeking inclusion of `Orderly Allowance` in their pensionable emoluments in the light of Amendment No.19 in clause/regulation 46 of Chapter IV (Emoluments) of Civil Aviation Service Regulation-2014 (CSR-2014) and the decision of 179th meeting held on 1.8.2019 by Pakistan Civil Aviation Authority (PCAA) Board Secretariat---Accordingly, while following the principle of law enunciated in I.A. Sherwani's case (ibid), and in view of the peculiar facts and circumstances of the present case while invoking the jurisdiction conferred upon this Court under Article 199 of the Constitution, we hereby declare the impugned decision /action/order of the Respondent-CAA is in negation to the strict and prohibitory command contained in Article 25 of the Constitution, because the Petitioners have been treated with sheer discrimination, which cannot be approved on any premises whatsoever.

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