2017 PLC(CS)N 113

ALL STAFF/MEMBERS OF NATIONAL ACCOUNTABILITY COURT, GILGIT-BALTISTAN Versus GOVERNMENT OF GILGIT-BALTISTAN

Citation2017 PLC(CS)N 113

CourtGilgit-Baltistan Chief Court

Judge(s)Muhammad Alam and Wazir Shakeel Ahmed

1. WAZIR SHAKEEL AHMED, J .--- Petitioners named above are the members of National Accountability Court who through the instant writ petition have sought Special Judicial Allowance equal to three times of their substantive pay scale in accordance with the recommendations of the National Judicial Policy Making Committee (NJPMC) head by the Honourable Chief Justice of Pakistan. In fact this is the third writ petition filed for grant of the identical remedy. The first one was preferred by the employees of Custom and Banking Court of G.B which was accepted by the Division Bench of this court in Writ Petition 103/2013 vide judgment dated 28-5-2014, whereby this court held that the then petitioners are entitled to get the Special Judicial Allowance as prayed for like the employees of the same cadre working in the courts of Custom and Banking of other provinces and also like the employees of Chief Court who were held entitled to the above special allowance vide notification dated 01-06-2010. The above judgment was made impugned before the Apex Court and the full bench of Supreme Court of G.B vide their judgment 05-9-2014 negated leave to appeal to the then respondents, by holding that:

2. The learned Advocate General could not point out any infirmity and illegality in the impugned judgment dated 28-5-2014. The Judicial/Special allowance is paid to the court staff and officials in all the provinces, Islamabad Capital, as well to the staff and officers of this court and the Supreme Court of Pakistan. Why the Gilgit Baltistan Government is not treating equally among the equal?

3. The Apex Court finally directed that:

4. In view of the above, we are not inclined to grant leave. The leave to appeal is accordingly refused. The impugned judgment dated 28-5-2014 in Writ Petition 10/13 passed by the learned Gilgit Baltistan Chief Court is maintained. The Appellate Court Gilgit Baltistan directed the petitioners to pay/release all the back benefits in shape of arrears if any and keep paying on account of Judicial/Special judicial Allowance to the respondents from the date as extended to other employees/staff/officers of District Judiciary, Gilgit Baltistan Chief Court and Supreme Appellate Court Gilgit Baltistan.

5. The second petition was preferred by the employees of Anti Terrorism Court through Writ Petition No.86/2014 before this Court which was also allowed as prayed for keeping in view the above quoted findings of the Apex Court dated 05-9-2016, vide our judgment dated 14-12-2016.

6. In the present writ petition, the answering respondents were reluctant to argue the matter on pervious dates with the pretext that the above referred judgment/order dated 14-12-2016 has been made impugned before the Apex Court but today during the course of arguments the learned counsel for the petitioners submitted the order of the Apex Court dismissing the petition for leave to appeal filed by the answering respondents.

7. In the light of what has been discussed above, this petition stands accepted keeping in view the findings of the August Supreme Appellate Court quoted supra as prayed for.

8. HBT/164/GB Petition accepted.