HABIB NASIR SIDDIQUI vs The FEDERATION OF PAKISTAN through Secretary Aviation, Cabinet Secretariat Regln — 2024 PLC(CS) 1134 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PLC(CS) 1134 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PLC
Parties: HABIB NASIR SIDDIQUI vs The FEDERATION OF PAKISTAN through Secretary Aviation, Cabinet Secretariat Regln
Subject matter: Constitutional

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

HABIB NASIR SIDDIQUI VS The FEDERATION OF PAKISTAN through Secretary Aviation, Cabinet Secretariat Regln. 46(10), Chapter IV---Constitution of Pakistan, Arts. 25 & 199---Constitutional petition---Discrimination---Intelligible differentia, principle of---Applicability---Orderly Allowance---Withdrawal---Petitioners were retired employees of respondent Authority and were aggrieved of withdrawal of Orderly Allowance to them which was available to other officials in similar situation---Validity---Categorization of both Executive Groups was at par in various allowances and were bracketed in the same Pay Group---Despite splitting PG-10 in EG-07 and EG-08, most of the allowances were identical and equal---Any discrimination in payment of Orderly Allowance after retirement amongst both the Executive Groups was not fair and justified; rather amounted to discrimination for no plausible reason whatsoever by non-inclusion of Orderly Allowance in their monthly pensionary benefits---Principle of equality before the law was applied in matters of pay and pension---Legislative act to nullify a judgment, without taking away its basis, was an impermissible exercise---High Court in another case had earlier directed respondent / Authority for inclusion of Orderly Allowance in pensionable emoluments of petitioners, under law---Respondent / Authority without taking away basis of the order omitted Regln. 46(10) of Civil Aviation Authority Employees Pay and Pension Regulations, 2014, which exercise amounted to nullifying the effect of earlier order, which was not permissible under the law---High Court placed petitioners at par with EG-08 retired officers and allowed Orderly Allowance to them from the date when they were receiving the allowance, without discrimination---Constitutional petition was allowed accordingly.

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