| Case ID |
22816c86-eaf0-4711-b77c-4a2ee6ca6db1 |
| Body |
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| Case Number |
Civil Appeal No.74 of 2002 |
| Decision Date |
Aug 12, 2002 |
| Hearing Date |
Jul 04, 2002 |
| Decision |
The appeal was dismissed with costs as the Supreme Court found no justification in the notification issued by the Law Department that contradicted the Council of Judges' decision to grant a special judicial allowance of 20% to all employees. The Court affirmed that the Law Department cannot issue notifications that undermine the decisions made by the Council of Judges. The judgment of the High Court, which granted the allowance to all employees, was upheld as it adhered to the principle of parity established between the Supreme Court of Pakistan and the Supreme Court of Azad Jammu and Kashmir. |
| Summary |
The case revolves around the grant of a special judicial allowance to employees of the Supreme Court of Azad Jammu and Kashmir, which was initially set at 20% of their basic pay in line with the Supreme Court of Pakistan's notification. Following a meeting of the Council of Judges, the Law Department issued a notification allowing only 10% to employees below Grade-16, which was challenged in the High Court. The Supreme Court ultimately upheld the High Court's decision, emphasizing the binding nature of the Council of Judges' resolutions and the necessity for executive authorities to comply with judicial directives. This case is significant for understanding the dynamics between judicial decisions and executive actions, particularly in the context of public service allowances, and highlights the importance of adherence to principles of parity and fairness in administrative actions. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Supreme Court of Pakistan,
Finance Department,
Law Department,
Supreme Court of Azad Jammu and Kashmir
|
| Judges |
MUHAMMAD YUNUS SURAKHVI, ACTG. C.J.,
KHAWAJA MUHAMMAD SAEED, J
|
| Lawyers |
Riaz Naveed Butt, Addl: Advocate-General for Appellants,
M. Tabassum Aftab Alvi, Advocate for Respondents
|
| Petitioners |
AZAD J&K GOVERNMENT through its Chief Secretary Muzaffarabad and 2 others
|
| Respondents |
Ch. MUHAMMAD SAEED, STENOGRAPHER and 44 others
|
| Citations |
2003 SLD 982,
2003 PLC 789
|
| Other Citations |
Syed Sajjad Hussain v. Secretary, Establishment Division, Cabinet Secretariat, Islamabad and 2 others 1996 SCMR 284,
Ihsan-ur-Rehman v. Mst. Najma Perveen PLD 1986 SC 14,
Azad Government and others v. Muhammad Fazal Qureshi and Others Civil Petition for Leave to Appeal No.55 of 2002,
Kamaluddin and 30 others v. Province of Punjab and others 1998 PLC (C.S.) 807
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act
|
| Sections |
42,
42-A,
42-B,
44,
45
|