| Case ID |
2b080757-e3e1-4b50-9b18-31f6cfc47446 |
| Body |
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| Case Number |
C.P. No.523 of 2021 |
| Decision Date |
Sep 21, 2021 |
| Hearing Date |
Aug 24, 2021 |
| Decision |
The Balochistan High Court ruled in favor of the petitioner, Muhammad Wassay Tareen, directing the Provincial Government to pay the Superior Judicial Allowance as approved by the Governor. The Court found that the discrimination faced by the petitioner was unjust and not based on rational grounds. The Chief Minister's rejection of the payment summary was deemed erroneous both in fact and law. The Court emphasized the need for equal treatment under Article 25 of the Constitution, stating that all citizens are entitled to equal protection of the law. The decision reinforced the principle that similar cases must be treated alike, thereby ensuring that the petitioner receives the allowance that previous ombudsmen had also been granted. |
| Summary |
In the case of C.P. No.523 of 2021, Muhammad Wassay Tareen, the Ex-Provincial Ombudsman of Balochistan, challenged the non-payment of the Superior Judicial Allowance that had been approved by the Governor. The High Court found that the petitioner had faced discrimination, as previous ombudsmen had received this allowance without issue. The Court ruled that the Chief Minister's rejection of the payment was erroneous and directed the Provincial Government to pay the petitioner the amount due. This case highlights the importance of equality before the law and the need for consistent application of judicial allowances. The decision is significant in ensuring that public officials are treated fairly and are not subjected to arbitrary denial of entitlements that have been granted to their predecessors. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Naeem Akhtar Afghan, CJ,
Abdul Hameed Baloch, J
|
| Lawyers |
Naseebullah Tareen,
Tahir Ali Baloch,
Nadir Ali Chalgari,
Behram Khan Tareen,
Zahoor Ahmed Baloch
|
| Petitioners |
MUHAMMAD WASSAY TAREEN
|
| Respondents |
Tahir Ali Baloch,
Nadir Ali Chalgari,
GOVERNMENT OF BALOCHISTAN through Chief Secretary,
Naseebullah Tareen,
Behram Khan Tareen
|
| Citations |
2023 SLD 1953,
2023 457
|
| Other Citations |
Pakcom Limited v. Federation of Pakistan PLD 2011 SC 44,
N.W.F.P Public Service Commission v. Muhammad Arif 2011 SCMR 848
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
25,
199
|