RIAZ AHMED vs ACCOUNTANT-GENERAL, AZAD JAMMU AND KASHMIR, MUZAFFARABAD Police employee — 2021 PLC(CS)N 15 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2021 PLC(CS)N 15 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2021
Reporter: PLC
Parties: RIAZ AHMED vs ACCOUNTANT-GENERAL, AZAD JAMMU AND KASHMIR, MUZAFFARABAD Police employee

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RIAZ AHMED VS ACCOUNTANT-GENERAL, AZAD JAMMU AND KASHMIR, MUZAFFARABAD Police employee---Risk allowance---Scope---appellants assailed 50% deduction of the risk allowance admissible to them at the rate of 100% of the basic pay in their respective pay scales, being paid to them---Validity---Comparative analysis of paras. 6(i) & 6(ii) with para. 9 of the Office Memorandum reflected that paras. Nos. 6(i) & 6(ii) dealt with all such allowances, in general, which were equal to the 100% of basic pay in BPS-2008 and BPS-2011 and the same shall be reduced by 50% and remaining 50% amount shall continue to be paid at reduced frozen level---Paragraph 9, on the other hand, particularly distinguished all special pays, special allowances, risk allowance as admissible to police personnel, prison allowance, health allowance and judicial allowance, from the categories of allowances falling into the allowances coming within ambit of paras Nos. 6(i) & 6(ii)---Paragraph No.9 laid down that the mentioned allowances shall stand frozen at the level of admissibility as on 30-06-2017---Had there been intention of the framers of Office Memorandum to reduce by 50%, the 100% risk allowance, there would have no need to provide para. No.9 to protect the risk allowance---appeal was accepted and the action of authorities regarding deduction in the risk allowance of the police employees was declared to be without lawful authority.

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