| Citation(s) |
|---|
| 2020 SLG 2051 2020 SLD 2051 2020 CLC 1892 |
Suo Motu 03 of 2020 converted into W.P. No. 72 of 2020, decision & hearing Date : 27-04-2020.
ALI BAIG, JUSTICE
Amjad Hussain, Zuhaib Ali Shah and Waqas Ahmed for Petitioners. Assistant Advocate General for
Respondents.
MUHAMMAD SHAFI KHAN
VS
PROVINCIAL GOVERNMENT THROUGH CHIEF SECRETARY AND 2 OTHERS
Law:
Section:
(a) Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009--- ----Art.71---Writ petition---Scope requested the court to take suo motu action against the notification whereby the Provincial Government had directed the Accountant General to deduct five days salary of the government employees from BPS-06 and above for contribution to emergency fund for the control of COVID-19---Validity---Authorities had altogether fixed same ratio of deduction from top to bottom which was against the spirit of justice and equity---Chief Court converted the petition into a writ petition and directed the authorities to deduct one day's pay of employees holding BPS-06 to 16, two day's pay of the employees holding BPS-17 to 19 and three day's pay of the employee's holding BPS-20 and above---Writ petition was disposed of accordingly. (b) Government of Gilgit-Baltistan Order, 2018--- ----Art.71---Writ petition---Violation of fundamental rights---Scope---Chief Court on the request of a citizen may take cognizance if gross transgression of fundamental rights is identified---Chief Court is constitutionally assigned the role of interpreting and applying the law, adjudicating upon matters arising among Governments or its stake holders or between citizens and Governments inter se and enforcing the fundamental rights. (c) Government of Gilgit-Baltistan Order, 2018--- ----Art.71---Writ petition---Conversion of proceedings---Scope---Chief Court has ample powers to mould a relief or to convert one type of proceedings into another type of proceedings. JUDGMENT MALIK HAQ NAWAZ, CHIEF JUSTICE Through the instant application Mr. Mohammad Shafi Khan, Leader of opposition, Gilgit-Baltistan Assembly has requested this court to take Suo Motu action against the impugned Notification No. FIN-REG-3(1)/2019, dated 14-04-2020 issued by the respondents whereby the answering respondents have directed the respondent No 3 to deduct five (05) days salary of government employees from BPS-06 and above for contribution to emergency fund for the control of COVID-19. 2. Brief facts of the case are that the Secretary to the Government of Gilgit-Baltistan Finance Department has issued a notification No.…
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