Asghar Ali Asghar and others vs Federation of Pakistan and others
The petitioners, employees of the Customs, Central Excise and Sales Tax Department, filed a contempt petition under Article 204 of the Constitution of Islamic Republic of Pakistan, 1973 read with the Contempt of Court Act, 1976, alleging non-compliance with the Supreme Court's earlier judgment dated 2.1.2002 passed in Constitution Petition No. 40/1999, which directed the authorities to redress grievances regarding pay scale disparities. The core legal question was whether the respondents willfully violated the court's directions by failing to upgrade the petitioners' posts to specific higher basic pay scales. The Supreme Court held that the previous judgment did not issue positive directions for specific scale up-gradations but required the examination of service conditions, which the Federal Government had complied with by issuing an Office Memorandum upgrading the posts and subsequently revising pay scales. Consequently, the court dismissed the contempt petition. The key principle laid down is that contempt proceedings will not lie where a judgment containing general directions for consideration of grievances has been substantially and bona fide complied with by the executive authorities.
- Whether contempt proceedings can be initiated for non-compliance with a judgment that directed the examination of pay scale disparities rather than ordering specific up-gradations?
- Does the issuance of an Office Memorandum upgrading posts and revising pay scales constitute substantial compliance with a court directive to redress employee grievances?
- Can the Supreme Court issue positive directions for specific basic pay scales under Article 184(3) when the original judgment merely mandated consideration of service conditions?
- Article 204, Constitution of Islamic Republic of Pakistan 1973
- Contempt of Court Act, 1976
- Article 184(3), Constitution of Islamic Republic of Pakistan 1973
- Article 25(1), Constitution of Islamic Republic of Pakistan 1973
- Article 38(3), Constitution of Islamic Republic of Pakistan 1973
FAQIR MUHAMMAD KHOKHAR, J.--- The petitioners have moved this petition for taking proceedings against the respondent under Article 204 of the Constitution of Islamic Republic of Pakistan read with the provisions of Contempt of Court Act, 1976.
2. The petitioners are the employees of the Customs, Central Excise and Sales Tax Department, Government of Pakistan. They filed Constitution Petition No. 40/1999 under Article 184(3) of the Constitutional of Islamic Republic of Pakistan, 1973, seeking removal of disparities and discrimination in their pay scales as compared to employees of some other departments. Their petition was disposed of by this Court by the judgment dt: 2.1.2002, with the directions to the respondents to redress their grievance of the petitioners in view of Article 25(1) read with Article '38(3) of the Constitution and to resolve the issue of disparity and discrimination in pay scalcs within a period of four months.
3. The learned counsel for the petitioners contended that despite the period of four months having already elapsed since long, the directions of this Court had not been carried out by the respondents inasmuch as the posts of the petitioners had not been upgraded from B.P.S. 2 to 5, 3 to 7 and 11 to 16 in the case of Sepoy, Hawaldar and Inspector retrospectively.
4. On the other hand, the learned Deputy Attorney General for Pakistan as well as Mr. Mumtaz Ali Sheikh, Member (Legal), Central Board of Revenue submitted that the case of the categories of the petitioners had been duly examined by the Federal Government and Central Board of Revenue in the light of the directions of this Court. The Government of Pakistan, Finance Division (Regulation Wing, Islamabad) issued an Office Memorandum No. F.1(I)R-1/92-DY.360, dated 10.10.2003, whereby, the posts of a Sepoy, Hawaldar and Inspector of the Customs, Central Excise and Sales Tax Department were upgraded as follows:-- Name of the Post Existing Grade (BPS)Up-gradation of Pay Scale.
Sepoy 2 3 Hawaldar 3 5 Inspector 11 12 A consequential order had also been issued by the Central Board of Revenue accordingly. It was also submitted that the judgment of this Court was duly complied with in letter and spirit.
5. We have heard the learned counsel for the petitioners at length. We find that we had not given any positive, directions to the respondents for up-gradation of posts from BPS-2 to 5, 3 to 7 and 11 to 16 to the holders of posts of Sepoy, Hawaldar and Inspectors, respectively. The object of the directions was to examine the case of the categories of the petitioners, for the improvement of their service conditions. The 'Federal Government has already upgraded the posts in which the petitioners are -placed: We are also informed that the pay scales of the employees of the Central Board of Revenue have also been further revised consequent upon the report of the Pay & Pension Committee w.e.f. 1.7.2005 and that-the matter for grant of some other fringe benefits to them is also under consideration. In these substances, we do not find it a fit case for taking contempt proceedings against the respondents.
6. In this view of the matter this contempt petition for contempt of Court is dismissed.