2020 PLP 1892 (CLC)

MALIK HAQ NAWAZ, CJ.

Through the instant application Mr. Mohammad Shafi Khan, Leader of opposition, Gilgit-Baltistan Assembly has requested this court to take Suo Motu action against the impugned Notification No. FIN-REG-3(1)/2019, dated 14th April, 2020 issued by the respondents whereby the answering respondents have directed the respondent No 3 to deduct five (05) days salary of government employees from BPS-06 and above for contribution to emergency fund for the control of COVID-19.

2. Brief facts of the case are that the Secretary to the Government of Gilgit-Baltistan Finance Department has issued a notification No. FIN-REG-3(1)/2019, dated 14th April, 2020 on the strength of the decision taken by the Gilgit-Baltistan Cabinet in its meeting held on 8th March, 2020 and duly approved by the Chief Minister, Gilgit-Baltistan, directing the Accountant General /respondent No 3 to deduct five (05) days salary of the employees of government of Gilgit-Baltistan from BPS-06 and above for contribution to Corona virus Emergency Fund in Finance Department GB.

3. The learned counsel appearing on behalf of the petitioner vehemently argued that the decision of the Government of Gilgit-Baltistan is unjustified and against the fundamental rights of low paid employees of BPS-06 to BPS-15 and also from BPS- 17 and above as the ratio of deduction has been kept same for a Minister and a low paid employee of BPS-06 to BPS-15 and above which is irrational and unjustified and out of ambit of four corners of law. He further submits that the Government of Punjab towards contribution to the Corona virus emergency fund vide its notification dated 7th April, 2020 has decided to categorize the employees of Government of Punjab for the purpose of deduction of pay as follows: BPS 1 to 16 One day salary BPS 17 to 19 Two days salary BPS 20 and above Three days salary The Government of Gilgit-Baltistan has kept same ratio of deduction for all employees which itself is irrational and unjustified, therefore, the impugned notification requires to be declared null and void. The deduction of 05 (five) days pay is highly irrational, illegal and unjustified.

4. The learned Assistant Advocate General and Deputy Accountant General were called by this Division Bench on court notice. The learned Assistant Advocate General had defended the decision of Provincial Government to meet the virus of Corona pandemic.

5. It is an admitted state of affairs that the High Court on request of a citizen may take cognizance if there is identified gross transgression of fundamental rights and this Court has been constitutionally assigned the role of interpreting and applying the law, adjudicating upon matters arising among Governments or its stake holders or between citizens and Government inter se and enforcing the fundamental rights.

6. It is proved beyond any shadow of doubt that the answering respondents have altogether fixed same ratio of deduction from top to bottom which is against the spirit of justice and equity.

7. In the light of what has been discussed above we are inclined to accept the petition and deem it just and proper to direct the answering respondents to deduct the pay of employees of Government of Gilgit-Baltistan with the following modifications: BPS-06 to 16 One (01) day BPS-17 to 19 Two (02) days BPS-20 and above Three (03) days

8. The instant case stands disposed of on the basis of above formula by modifying the impugned Notification No. FIN-REG-3(1)/2019 dated 14th April, 2020 to the extent of employees of Gilgit-Baltistan Government.

9. Before parting with this judgment, it is pertinent to mention here that instant petition has been filed as a Suo Motu case. Supreme Court of Pakistan has recently declared that a High Court cannot take Suo Motu action, therefore, we convert the petition into a writ petition and allow the same in the above terms. Needless to say that this Court has ample powers to mould a relief or to convert one type of proceedings into another type of proceedings.

10. A copy of the judgment be sent to Accountant General, AGPR Gilgit today for further action. File. SA/47/GB Petition allowed.