| Case ID |
09234686-412c-45ae-a706-955483d8841e |
| Body |
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| Case Number |
I.C.A. No. 565 of 2015 in Writ Petition No. 5406 o |
| Decision Date |
Jul 09, 2015 |
| Hearing Date |
Jul 09, 2015 |
| Decision |
The Lahore High Court upheld the decision to grant a fifty percent increase in both Judicial Allowance and Ad hoc Allowance to the employees of the Lahore High Court. The court emphasized that the independence of the judiciary includes financial independence, allowing the High Court to control its administrative expenses without needing approval from the Governor or the Provincial Assembly. The Chief Justice has the authority to determine pay and allowances without external interference. The court found that the directive from the Prime Minister did not bind the Provincial Government, yet the Chief Justice's decision must be followed, reinforcing the notion that the judiciary operates independently from the executive and legislative branches. |
| Summary |
In the case I.C.A. No. 565 of 2015 in Writ Petition No. 5406 of 2011, the Lahore High Court ruled on the financial independence of the judiciary, specifically regarding the increase of Judicial Allowance and Ad hoc Allowance for its employees. The court clarified that the High Court possesses budgetary control and can determine its own administrative expenses, including remuneration for its staff, without requiring the consent of the Provincial Governor. This case is significant in establishing the judiciary's autonomy in financial matters and highlights the separation of powers principle, ensuring that the judiciary is not subject to the executive's or legislature's approval for its operational expenses. The judgment reinforces the principle that employees of the High Court are not civil servants under the Provincial Government's control, thereby protecting their rights to allowances as determined by the Chief Justice. The decision is a landmark ruling in affirming judicial independence in Pakistan and its implications for the functioning of the judiciary. |
| Court |
Lahore High Court
|
| Entities Involved |
Lahore High Court,
Government of the Punjab
|
| Judges |
AYESHA A. MALIK, JUSTICE,
FAISAL ZAMAN KHAN, JUSTICE
|
| Lawyers |
Muhammad Shan Gull, Additional Advocate General,
Naeem Yousaf,
Ahmad Raza Sarwar,
Muhammad Akhtar,
Nadeem Riaz Malik,
Mian Bilal Bashir,
Raja Tassawar Iqbal,
Mohammad Azhar Siddique
|
| Petitioners |
SYED RIAZ ALI ZAIDI
|
| Respondents |
GOVERNMENT OF THE PUNJAB THROUGH CHIEF SECRETARY, CIVIL SECRETARIAT, LAHORE AND 2 OTHERS
|
| Citations |
2016 SLD 3489,
2016 PLC 1074,
2016 PLJ 60
|
| Other Citations |
Government of Balochistan through Additional Chief Secretary v. Azizullah Memon and 16 ethers PLD 1993 SC 341,
Government of Sindh through Chief Secretary to Government of Sindh, Karachi and others v. Sharaf Faridi and others PLD 1994 SC 105,
Abdul Rasheed and others v. Province of Sindh and others 2011 PLC (C.S.) 926,
Government of the Punjab through Secretary, Finance Department, Lahore v. Mubarik Ali Khan and 8 others PLD 1993 SC 375
|
| Laws Involved |
Constitution of Pakistan, 1973,
High Court (Lahore) Rules and Orders
|
| Sections |
120,
121,
122,
175,
199,
Vol.V, Chapter 10, Rr. 4,
Vol.V, Chapter 10, Rr. 17,
Vol.V, Chapter 10, Rr. 18,
Vol.V, Chapter 10, Rr. 22
|