| Case ID |
441c2148-47e9-4619-b3ba-b24f2c81c154 |
| Body |
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| Case Number |
Writ Petition No. 676-P of 2014 |
| Decision Date |
Oct 23, 2014 |
| Hearing Date |
Oct 23, 2014 |
| Decision |
The court found that the petitioners, employees of the Civil Aviation Authority, were entitled to the same risk allowance granted to uniformed personnel of the Airport Security Force. The decision emphasized the principle of equality and non-discrimination under Article 25 of the Constitution of Pakistan, stating that the classification made by the Federal Government in granting risk allowance was arbitrary and lacked reasonable justification. The court directed the respondents to grant the risk allowance to the petitioners while they were posted at the Airport and until the same was granted to the uniformed personnel of the Airport Security Force. The decision was based on the fundamental rights of the petitioners, recognizing that both groups were similarly situated and exposed to the same risks at the workplace. |
| Summary |
This case revolves around a constitutional petition filed by Gul Taimur Khan and others against the Federation of Pakistan regarding the grant of risk allowance to employees of the Civil Aviation Authority (CAA). The petitioners argued that they were similarly situated to the personnel of the Airport Security Force (ASF), who had been granted a risk allowance. The court emphasized the fundamental right to equality and non-discrimination as enshrined in the Constitution of Pakistan. It ruled that the classification between ASF personnel and CAA employees was arbitrary, as both groups were exposed to similar risks while performing their duties at the Airport. The court directed the authorities to grant the risk allowance to the petitioners, reinforcing the principles of equality and fair treatment under the law. This case highlights the importance of ensuring that government policies do not discriminate against employees performing similar roles, thereby upholding the constitutional rights of all citizens. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Yahya Afridi,
Ikramullah Khan
|
| Lawyers |
Barkatullah Khan for Petitioner,
F.M. Sabir, Standing Counsel and Asif Jalal for Respondents
|
| Petitioners |
Gul Taimur Khan,
Six others
|
| Respondents |
Federation of Pakistan through Secretary Aviation,
Cabinet Secretariat (Aviation Division, Islamabad and another)
|
| Citations |
2015 SLD 932,
2015 PLC 682
|
| Other Citations |
2013 PLC (C.S) 717,
2013 YLR 1396,
PLD 1957 SC Pak 3,
PLD 1975 SC 506,
PLD 2010 FSC 1,
PLD 1957 SC 157,
PLD 1990 SC 295,
1991 SCMR 1041,
PLD 2003 SC 163,
PLD 2005 SC 193,
2001 PTD 2018,
2002 CLC 1910,
2006 CLC 1555,
2006 YLR 229,
2013 MLD 1835,
AIR (3) 1951 S.C. 41,
AIR 1955 S.C. 166,
AIR 1958 S.C. 578 V.45.C.83,
AIR 1967 S.C. 1836
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199,
25
|