2015 PLP 1697 (MLD)

MUHAMMAD YOUNIS THAHEEM, J.

Through the instant Writ Petition, the petitioner Malik Khanzada Khan seeks direction to respondents/ functionaries concerned to enhance the Maliki allowance of the petitioner so as to bring it at par with that of respondent No.11.

2. Brief facts of the case are that grandfather of petitioner namely Khan Sahib Atta Muhammad Khan was the chief of Sain Khel clan of the Waziri tribe and was succeeded by his son Malik Shahzada Khan who died on 2-2-2007. According to the revised distribution list of 1992 grandfather of the petitioner was awarded the new allowance in sum of Rs. 1960 while grandfather of respondent No.11 (Taimoor Khan) namely Khan Sahib Ghazi Marjan Khan was also granted the new allowance of Rs. 1960 during his life time. After the demise of his grandfather his father was receiving the Maliki allowance in sum of Rs.9800. Similarly, father of respondent No.11 namely Faridullah Khan was also receiving the said allowance of Rs.9800. The allowance of Malik Faridullah Khan was enhanced by Rs.8200 per annum and thus he was awarded the allowance in sum of Rs. 18000. The said allowance of Malik Faridullah Khan was enhanced to Rs. 31,992 vide letter/memorandum dated 23-8-1993, which underwent a further increase vide letter issued by respondent No.1 in June 1996. Father of the petitioner during his life time made applications to the Political authorities for increasing the said amount but with no response. After the demise of his father, he being eldest son, succeeded as Malik of the Sain Khel clan of Wazir tribe. The petitioner made numeruous applications for the increase of his Maliki allowance so to this effect his case was recommended by respondent No.10 but same allowance was only enhanced from Rs.9800 to Rs.10000. On 23-5-2007 the petitioner was granted sum of Rs.19600 as allowance while on 16-7-2008 he was awarded sum of Rs.16000 whereas respondent No. 11 was granted the said allowance in sum of Rs.64000 on 23-5-2003 and again on 16-7-2008 he was advanced an amount of Rs.51800.

3. Comments were called from respondents. In the comments respondents/departments stated that the Maliki allowances are given to those Maliks who are cooperative/loyal and play extraordinary role in patching and resolving the issues amongst the fellow tribesmen and between the tribes and Political Administration so such elders are awarded allowances as token of honour and not as a right from the available budget. As such petitioner and other Maliks were paid less amount due to less allocation in relevant budget head in the said financial year.

4. The valuable arguments of the counsel for the parties heard and record available on file perused.

5. The petitioner claimed enhancement of Maliki allowance for chief of Sain Khel, a clan of Wazir tribe being successor of Khan Sahib Atta Muhammad Khan, the then chief of his own clan who died admittedly on 2-2-2007 and the present petitioner is real son of ex-chief of Sain Khel and now chief of Sain Khel clan of Wazir tribe.

6. The learned counsel for petitioner argued that the father of petitioner receiving same Maliki allowance and also remained elected member of Khyber Pakhtukhwa (then North West Frontier Province) Assembly twice and rendered valuable services to their tribe, political authorities FR Bannu for development of area, maintaining law and order and other matters related to his tribe and area. The learned counsel stated at the bar that the grandfather of petitioner and grandfather of respondent No.11 Khan Sahib Ghazi Marjan Khan in his life time received enhanced allowance in the year 1996, which allowance was later on enhanced Rs.9800 and the father of respondent No.11 late Malik Faridullah Khan also received above said allowance and same was enhanced up to Rs. 18000 vide letter No.9415 dated 23-9-1991 but despite many applications moved by father of the petitioner to the respondents no response was given and afterward uptill now have been deprived. The petitioner father and now petitioner is trying hard for enhancement of allowance given similar to others but without success. The petitioner being chief of his clan Sain Khel deserves even handed treatment and is entitled to the same enhanced allowance as is awarded to similarly placed other chiefs of clans belonging to Wazir tribe. The learned counsel responding to the query of the Court about jurisdiction of this Court in view of Article 247-A, as matter sub judice before this Court belongs to FATA, the learned counsel for petitioner responded that matter does not purely relates to FATA but it relates to FR Bannu. This area is provincially administered and not administered by Federal Government.

7. On the other hand learned DAG and learned AAG on behalf of Federal Government and Provincial Government respondents Nos.1 to 5 submitted by advancing their arguments like below that matter sub judice before this august Court is purely related to FATA and is barred under Article 247-A of the Constitution of Islamic Republic of Pakistan and in this respect comments filed by respondents are worth consideration.

8. The learned counsel for respondents argued that admittedly petitioner grandfather and father were receiving Maliki allowance according to prevalent Government policy and same were enhanced by the worthy Governor of Khyber Pakhtunkhwa who under the Constitution of Islamic Republic of Pakistan is authorized to do so. This award is granted by the Worthy Governor to those who either inherit this Lungi (honour) or is awarded to those one from whose role society has been benefited to the satisfaction of Federal Government. So this grant is not a vested right and cannot be claimed as such. Moreover, no question of discrimination on part of Federal Government or its representative head of the Province i.e. Governor be expected to do injustice to any one who deserve it. Governments either Federal or Provincial are primarily responsible to safeguards the fundamental rights of the people under the law and the petitioner has failed to point out discrimination caused to him. Moreover, the petitioner cannot be similarly placed to one Ex-Federal Minister/Senator Faridullah Khan Advocate, Chief of Spirkai Wazir tribe due to his role who voluntarily rendered his services to keep peace in Waziristan and was martyred by anti peace elements/miscreants. So, the enhancement allowance for respondent No. 11 seems no discriminatory.

9. So, what has been discussed above, this Court is barred to take cognizance of the matter in view of Article 247-A and direct the petitioner to invoke the competent forum having jurisdiction. Hence this petition is dismissed being against law. ZC/226/P Petition dismissed.