Case Details

Citation(s)
2022 SLG 846 2022 SLD 846 2022 PLC 557
Supreme Court (AJ&K)
Criminal Appeal No. 23 of 2018, decision dated: 10-10-2019, hearing date: 10-10-2019 (On appeal from the judgment of the High Court dated 11-9-2018 in Application No.107 of 2018).
RAJA SAEED AKRAM KHAN, JUSTICE
Petitioner(s) by: Raja Muhammad Hanif Khan, Advocate
Respondent(s) by: Asghar Ali Malik, Advocate

DR. NAEEM AHMED, CHILD SPECIALIST, SHEIKH KHALIFA BIN ZAID ALNEHAN HOSPITAL/CMH, MUZAFFARABAD AND 5 OTHERS

VS

MUHAMMAD AYAZ KHAN, ACCOUNTANT GENERAL, AZAD JAMMU AND KASHMIR, MUZAFFARABAD AND 5 OTHERS

Law:

Section:

Civil service---Contempt proceedings---Claim of discrimination---Scope--- Appellants assailed order of High Court whereby their application for initiation of contempt proceedings was dismissed---High Court had issued direction for sanction of qualification allowance at the rate of Rs.5000/- in favour of appellants---Nowhere in the application was alleged that authorities had violated the direction of High Court or had not sanctioned the qualification allowance at the rate of Rs.5000/- rather the appellants had approached the court for issuance of direction to sanction the qualification allowance at the rate of Rs.10,000/-, as sanctioned in favour of some others---Claim of discrimination could not be resolved in contempt proceedings rather if the appellants had any grievance, they could approach the proper forum---High Court had rightly declined to entertain the contempt application---Appeal was dismissed. JUDGMENT: CH. MUHAMMAD IBRAHIM ZIA, CHIEF JUSTICE:---.--- The captioned appeal has been filed against the judgment of the High Court dated 11.09.2018, whereby the application filed by the appellants for initiation of contempt proceedings against the respondents has been dismissed. 2. The brief facts of the case are that the appellants, herein, filed a writ petition for sanction of qualification allowance Rs.5,000/- per month. The learned High Court vide judgment dated 20.02.2014 accepted the writ petition and directed the respondents to sanction the qualification allowance @ Rs.5,000/- per month from 01.03.2003 in favour of the appellants and all others who are holders of degrees equivalent to Degree of Ph.D in Health Department. Thereafter, the appellants herein filed an application for initiation of contempt of Court proceedings before the High Court on the ground that Dr. Adnan Mehraj, Dr. Bilal and others are receiving the qualification allowance @ Rs.10,000/-, thus, the appellants are also entitled for same allowance, however, the respondents are procrastinating the matter. After necessary proceedings, the learned High Court dismissed the application through the impugned judgment, hence, this appeal. 3. Raja Muhammad Hanif Khan, Advocate, the learned…
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