Enhancement of allowances

Plea raised by Federal Government was that such an enhancement/revision could not be entertained as it required approval from Prime Minister and could not be acted upon directly

Validity

President had power to grant or sanction allowances to civil servants in service of Federal Government, such powers by virtue of Proviso to R. 5 of Federal Shariat Court (Terms and Conditions of Service of Staff) Rules, 1982 could be exercised by the Chief Justice of Federal Shariat Court

Provisions of R. 5 of Federal Shariat Court (Terms and Condition of Service of Staff) Rules, 1982 did not make exrcise of powers by the Chief Justice of Federal Shariat Court to regulate terms and conditions of service of persons on staff attached to Federal Shariat Court conditional or subject to approval or sanction of Finance Division or Prime Minister

Notificaiton in question was issued pursuance to decision taken by the Chief Justice of Federal Shariat Court in exercise of powers conferred by R. 5 of the Federal Shariat Court (Terms and Conditions of Service of Staff) Rules, 1982 to revise rates of utility allowances (gas and electricity) for officers and staff of Federal Shariat Court

High Court declared that plea raised by Federal Government that revisin of allowances could not be made by the Chief Justice of Federal Shariat Court without approval of Finance Division or Prime Minister was without lawful authority and of no legal effect

Petition was allowed accordingly.

Petitioners, who were employees of the Federal Shariat Court, prayed for the implementation of two notifications issued by the Chief Justice, Federal Shariat Court whereby their allowances and perks were to be enhanced

Said notifications were not implemented by the Ministry of Finance on the ground that financial benefits to employees were always granted by the Ministry of Finance, keeping in view the resource position of the country

Validity

Under the Federal Shariat Court (Terms and Conditions of Service of Staff) Rules, 1982, the Chief Justice was fully authorized to sanction or enhance allowances of employees of the Federal Shariat Court

Ministry of Finance, in the present case, did not come forward with any law on basis of which an order passed by Chief Justice Federal Shariat Court, while exercising powers under Federal Shariat Court (Terms and Conditions of Service of Staff) Rules, 1982, could not be varied or struck down

Ministry of Finance was bound to obey the orders passed by authorities as prescribed by the rules without taking any exception to the same and could not be allowed to act in defiance of the law and the rules

Ministry of Finance, was therefore, under an obligation to obey the sanction accorded by the Chief Justice, Federal Shariat Court

High Court directed Ministry of Finance to implement the notifications issued by the Chief Justice Federal Shariat Court and make payment of arrears to entitled employees accordingly

Constitutional petitions were allowed, in circumstances.