Law: Contempt of Court Ordinance, 2003

Section: 3, 4

Law: Constitution of Pakistan, 1973Section: 204Contempt of Court Ordinance (V of 2003)-------Ss. 3 & 4---Constitution of Pakistan, Art. 204---Contempt of Court---Show-cause notice---Petitioner was allowed orderly allowance by the Court but the administrative department did not grant such benefit to the petitioner---Validity---Record reflected that the Court vide order dated 25.08.2021 referred the matter of the petitioners to the competent authority of respondents on the issue of inclusion of Orderly Allowance in pensionable emoluments of the petitioners under the law---Compliance report dated 24.01.2022 explicitly showed that the respondent-department in its 189th meeting decided that the date of applicability of the Orderly Allowance in the pension of retired Additional Directors (EG-07) shall remain the same and shall be without prejudice to the complete review of pay and allowances of Civil Aviation Authority's employees---Prima facie, the said findings of the respondent-department negated the basic spirit of the order dated 25.08.2021 passed by the Court, which could not be construed to be substantial compliance of the said order---Record did not reflect that respondent-department had obtained an interim order from the Supreme Court of Pakistan, restraining the Court not to implement the order passed by the Court---When this was the position of the case, the compliance report dated 24.01.2022 submitted by the respondent-department was to be rejected, warranting interference of the Court to take action against the alleged contemnors under Art. 204 of the Constitution---Show-Cause Notice was issued to the Contemnors for further proceedings.ORDERThe captioned petition was disposed of vide order dated 25.08.2021 with the following observation:-"15. In the present case, the petitioners stood retired before the cut-off date as discussed supra, however, the orderly allowance was being paid to the employees of EG-07 and above who have retired on or after 1st August 2019, thus, the classification made cannot be regarded as reasonable. Prima-facie the Petitioners have been given highly discriminatory treatment for no plausible reason whatsoever by non-inclusion…

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