Law:

Section:

Azad Jammu and Kashmir Zakat and Usher Act, 1985--- ----Ss. 9 & 13---Claim of Chairman Zakat Council for entitlement to the terms and conditions as of Judge of High Court---Appellant being a practising lawyer, having more than 25 years practice in his credit, was appointed as Chairman Zakat Council, but in the appointment notification, the terms and conditions, were not determined---Prime Minister issued direction that terms and conditions as available to previous Chairman be provided to the appellant/Chairman---Said directions of the Prime Minister, having not been carried out, Chairman filed writ petition claiming that terms and conditions of his predecessors in office were equal to that of the Judge of the High Court---High Court dismissed the writ petition of the Chairman---During pendency of writ petition, vide notification on the recommendation of concerned Committee, an honorarium of Rs.50,000 was fixed for the Chairman---Writ petition was dismissed by High Court on the ground that as the Government, which was competent to determine the terms and conditions of the Chairman had fixed honorarium vide its notification---Chairman had challenged validity of said notification, mainly on the ground of being discriminatory---All predecessors Chairman and successors in the office of the Chairman were Advocates like the Chairman having same qualification, experience and suitability---All were equally qualified, belonging to the same profession, and were the State Subjects of the Azad Jammu and Kashmir---Equally placed persons, deserved equal treatment before law, was the constitutional guarantee of fundamental right---Among equals, the Constitution did not allow any discrimination, whether it was in shape of executive order or a Legislative Act---Chairman, in the matter of terms and conditions of service had been discriminately treated, which could not be authenticated or allowed, being without lawful authority and unconstitutional---Chairman was declared entitled to the same terms and conditions as his predecessors or successor had been granted---Judgment of High Court was set aside, in circumstances. Azad Jammu and Kashmir Government and others v. Muhammad…

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