Ch. SALAHUDDIN AND 98 Others vs THE GOVERNMENT OF PAKISTAN AND 3
This matter arises from a petition for special leave to appeal directed against an order of the High Court, which had dismissed a writ petition filed by S.A.S. Accountants of the Audit Department seeking refixation of their pay under a Government Press Communique dated 29th November 1962. The core legal question was whether the petitioners were entitled to invoke constitutional writ jurisdiction regarding the applicability of a government press communique concerning pay scales. The Supreme Court held that the petitioners' remuneration was not affected and that the applicability of the press communique was not a matter guaranteed in the Constitution. Consequently, the Court ruled that the petitioners could not seek redress by having recourse to the constitutional jurisdiction. The petition was accordingly dismissed.
- Can a government employee seek constitutional redress under Article 98 of the 1962 Constitution regarding the applicability of a government press communique on pay scales?
- Whether the application of a press communique concerning pay scale revision is guaranteed by the Constitution.
- Article 98, Constitution of the Islamic Republic of Pakistan 1962
ORDER
1. M. R. KHAN, J.-The petitioners are S. A. S. Accountants working in the Audit Department in the office of the Accountant---General, Lahore. Their pay-scale, as fixed on the 21st August 1957, was Rs. 250- 15-4110-EB-15-505. After the revision of pay---scales, their pay was refixed in the scale of Rs. 335- 15-380-20--480-EB-20-660. The fixation of their pay in the above scale was alleged by the petitioners to be illegal, and they claimed enhanced pay from the 1st December 1962, in terms of the Government Press Communique, dated the 29th November 1962. This claim having been denied by the Government, they made a writ petition for refixation of their pay in accordance with the press com--munique, dated the 29th November 1962. The Government gave the benefit of the said press communique to only six out of the 99 petitioners, namely, petitioners Nos. 2, 31, 32, 53, 57 and 96, but declined to give the benefit thereof to the remaining petitioners on the ground that they were not in service in the S. A. S. Cadre on the 1st December 1962, as required under the press communique. The High Court accepted the contention of the Government arid dismissed the writ petition. The petition for special leave is directed against the High Court's order.
2. The petitioner's remuneration as stood fixed before the filing of the writ petition was not affected in the least; their only grievance is that they should have been given the benefit of the press communique, dated the 29th November 1962. Whether the said press communique is applicable to them or not, is a matter not guaranteed in the Constitution. Hence, the petitioners can not seek redress in the matter by having recourse to Article 98 of the 1962-Constitution.
3. The petition is dismissed.