GOVERNMENT OF KHYBER PAKHTUNKHWA vs Syed SADIQ SHAH arts — 2021 PLC(CS) 643 SUPREME-COURT

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GOVERNMENT OF KHYBER PAKHTUNKHWA VS Syed SADIQ SHAH arts. 25 & 38(e)---Dis-proportionality in salary of various classes of employees--- Discrimination--- Scope--- Employees of High Court (BPS 17 to BPS 19) drawing Special Judicial allowance---ad-hoc relief allowance of 5%, entitlement to---Provincial Government vide the impugned notification provided 5% ad-hoc relief allowance to employees of BPS 17 to BPS 19 but the same was not made available to those employees of the Provincial Government who were already drawing special allowances including Special Judicial allowance, subject matter of issue in dispute---Respondents being employees of BPS 17 to BPS 19 of the High Court were already drawing Special Judicial allowance, therefore, they were denied the said 5% ad-hoc relief allowance--- Constitutionality--- Through the impugned notification, the relief of 5% was denied to those employees of BPS-17 to BPS-19, who were already drawing special allowances in the name of Health Professional allowance, Special Judicial allowance, Scheduled Post allowance, Technical allowance, Prisons allowance and Prosecution allowance---Reason for such classification as furnished by the Provincial Government/appellant was due to financial impediment the employees from BPS-17 and above, being officers were in receipt of more salary than those employees from BPS 1 to BPS 16, which in common parlance was called dis-proportionality in the salary of the employees---article 38(e) of the Constitution made it mandatory for the Government that it shall "reduce disparity in the income and earnings of individuals, including persons in the various classes of the service of Pakistan"---In a way, it was the duty of the Government to remove the dis-proportionality in the salaries of various classes of employees who were in service of Pakistan---In the present case, intelligible differentia existed between the two sets of employees and such differentia was logical and lucid and could not be termed as artificial or arbitrary---Impugned notification was impliedly in consonance with the spirit of the Constitution, therefore, the High Court ought to have refrained from interfering in it---Impugned notification was declared to be legal and rightly issued in accordance with law---appeal was allowed. Citation Name: 2021 PLC(CS) 643 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS Syed SADIQ SHAH art. 25---Equality of citizens---Scope---'Reasonable/permissible classification' and intelligible differentia---Scope and meaning. Citation Name: 2021 PLC(CS) 643 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS Syed SADIQ SHAH art. 199---Judicial review---Scope---Policy matters of Provincial Government---Policy notification of Provincial Government to compensate employees getting disproportionate salary as compared to other employees---Whether High Court ought to interfere in policy matters of the Provincial Government under the garb of judicial review---Held, that Constitutional courts being guardians of the Constitution had the power to judicially review the executive actions and the conduct of the public authorities but the same should be on the touchstone of fairness, reasonableness and proportionality---Courts while exercising power of judicial review must not violate the right of any other organ of the state and (should) remain within the prescribed limits as disclosed in the Constitution---Each Province had its limited quota under the National Finance Commission award and the Provinces were supposed to run their affairs within the prescribed financial limits, hence, the impugned notification could be safely termed as a subject of policy to compensate the employees getting disproportionate salary as compared to other employees---Impugned notification was declared to be legal and rightly issued in accordance with law---appeal was allowed.

GOVERNMENT OF KHYBER PAKHTUNKHWA vs Syed SADIQ SHAH arts — 2021 PLC(CS) 643 SUPREME-COURT

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