ASGHAR ALI ASGHAR and others, vs FEDERATION OF PAKISTAN and others,
This contempt petition was filed by employees of the Customs, Central Excise and Sales Tax Department seeking initiation of contempt proceedings against the respondents for alleged non-compliance with a Supreme Court judgment dated 2-1-2002. The petitioners contended that the respondents failed to implement the Court's directions regarding the removal of pay scale disparities and discrimination, specifically arguing that their posts were not upgraded to the requested scales. The respondents submitted that they had duly examined the petitioners' case in light of the Court's directions and issued an Office Memorandum upgrading the relevant posts, thereby complying with the judgment. The Court observed that its original directions did not mandate specific upgrades to the scales demanded by the petitioners, but rather required the government to examine the issue of service conditions and pay disparities. Finding that the government had acted to upgrade the posts and revise pay scales, the Court held that no contempt had been committed. Consequently, the contempt petition was dismissed, establishing that contempt proceedings are not warranted where the executive has substantially complied with the spirit of a court's directive.
- Does a direction to examine service conditions and pay disparities constitute a mandatory order to upgrade posts to specific pay scales?
- Are contempt proceedings appropriate when the executive has substantially complied with the spirit of a court's directive regarding service conditions?
- Can contempt of court proceedings be initiated for the alleged non-implementation of a judgment that did not issue specific, positive directions for the relief sought?
- 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 of 1999 under Article 184(3) of the Constitution 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 dated 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 scales 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 BPS-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 PostExisting 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 upgradation 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 Iplaced. 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 and 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 circumstances, 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 IB Court is dismissed.