2016 PLP 37 (GBLR)

Laws Cited

Representation

• ----Judicial allowance and special judicial allowance---Entitlement to---Writ petition by the employees in various categories in BPS-1 to 16 of the Customs and Banking Court, with contentions that they were entitled to all the benefits i.e. Judicial Allowance and Special Judicial Allowance; equal to three time of their substantive pay scale was allowed by the Chief Court---Validity---Advocate-General, could not point out any infirmity and illegality in the impugned judgment---Claimed Judicial/Special Judicial Allowance was paid to all the court staff and officials in all the Provinces of Pakistan, Islamabad Capital; as well as to the staff of officers of Supreme Appellate Court and Supreme Court of Pakistan but the government of Gilgit-Baltistan, in the present case failed to treat equally among equals---Leave to appeal was dismissed by the Supreme Appellate Court and judgment passed by the Chief Court was maintained---Authorities were directed to pay/release all back benefits in shape of arrears.
• Advocate-General along with Ali Nazar Khan, Advocate-on-Record for Petitioners.
• DR. RANA MUHAMMAD SHAMIM, C.J.---The learned Advocate General contends that the respondents are the employees in various categories in BPS-01 to 16 of the Customs and Banking Court, Gilgit-Baltistan who filed a Writ Petition No. 103/2013 with the contentions that they are entitled to all the benefits i.e. Judicial Allowance and Special Judicial Allowance equal to three time of their substantive pay scale while setting aside the letter No. SO-14 (1) CBC/2013 dated 05.11.2013 issued by the petitioner No. 01. The said Writ Petition of the respondents was allowed vide impugned judgment dated 28.05.2014. The petitioners being aggrieved by and dissatisfied with the said impugned judgment filed this petition for leave to appeal and the petition was heard today.
• 2. The learned Advocate General contends that the respondents have not obtained the Ex-post facto sanction from the competent authority i.e. the Government of Gilgit-Baltistan. He also contends that the Judge of the Customs and Banking Court has no authority to sanction the Judicial/Special Allowance in favour of the employees of Customs and Banking Court Gilgit-Baltistan and the sanction order No. Law-SO-14(1)/CBC/2013 dated 05.11.2013 being devoid of legal sanction was not tenable and liable to be set aside. He further contends that the learned Gilgit-Baltistan Chief Court vide impugned judgment dated 28.05.2014 in Writ Petition No. 103/2013 has wrongly allowed the said Writ Petition which is required to be set aside being not well reasoned and well founded.
• 3. We have heard the learned Advocate General at length, perused the record of the case file and gone through the impugned judgment dated 28.05.2014 in Writ Petition No.103/2013 passed by the learned Gilgit-Baltistan Chief Court. The learned Advocate General could not point out any infirmity and illegality in the impugned judgment dated 28.05.2014. The Judicial/Special Judicial Allowance is paid to all the court staff and officials in all the Provinces of Pakistan, Islamabad Capital, as well as to the staff and officers of this court and the Supreme Court of Pakistan. Why the Gilgit-Baltistan Government is not treating equally among the equals?

Headnotes / Summary

Judgment & Decree