NUSRAT NAWAZ vs OFFICE OF THE ADVOCATE GENERAL FOR ICT, ISLAMABAD arts — 2026 PLC(CS) 445 ISLAMABAD

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NUSRAT NAWAZ VS OFFICE OF THE ADVOCATE GENERAL FOR ICT, ISLAMABAD arts. 3, 9, 11(3), 14 & 37(e)---Employment---Non-payment of salary/remuneration for work performed---administrative negligence---Moral and Constitutional responsibility of dignified offices---Scope---appellant while working as daily wage driver was transferred from Local Government and Rural Development Department to the Office of the advocate General, Islamabad and at his back his service was terminated by the parent department due to paucity of funds, however, he continued to work in the borrowing department, which only recognized his services and recommended for his appointment and payment of salaries for the period he worked---appellant filed Constitutional petition for payment of his salaries, which was dismissed---Validity---Office of the advocate General, being of Constitutional dignity and institutional sanctity, was expected to exemplify adherence to rule of law and fairness in administrative conduct---Those who occupy positions of Constitutional trust are duty-bound to act with heightened sense of accountability, compassion, and fidelity to the rights of those who serve under their command---To permit the State or its functionaries to derive benefit from the work of an individual without remuneration would amount to institutional exploitation, an act that both Islam and the Constitution unequivocally condemn---Such deprivation strikes at the root of the social justice framework envisaged by our Constitutional order and Islamic principles alike---High Court, as guardian of the Constitution and custodian of fundamental rights, could not remain indifferent to such injustice---Combined weight of Islamic social justice, constitutional guarantees of dignity and equality, and the conscience of law compelled that the appellant be paid his wages in full, together with appropriate compensation for the hardship endured as the appellant had suffered not because of any fault or negligence on his part, but due to administrative indifference and procedural lapses on the part of government functionaries---appellant continued to serve in good faith under the direction of a Constitutional office, expecting that the State would honor its basic obligation of paying for work performed---Considering the peculiar facts and circumstances of the case, as well as the moral, Constitutional, and legal principles, High Court held that the appellant was entitled to receive his unpaid salaries for the period he performed---arrears were ordered to be calculated from the date they became due and were to be paid to him along with interest at the prevailing bank rate---Intra Court appeal was allowed, in circumstances.

NUSRAT NAWAZ vs OFFICE OF THE ADVOCATE GENERAL FOR ICT, ISLAMABAD arts — 2026 PLC(CS) 445 ISLAMABAD

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