| Citation(s) |
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| 2025 SLG 1578 2025 SLD 1578 = 2025 SCMR 415 |
Civil Petitions Nos. 1925 to 2006 of 2024, decided on 5th November, 2024. (On appeal from the Judgment dated 12.02.2024 passed by the Khyber Pakhtunkhwa Service Tribunal, Peshawar in Service Appeals Nos. 1620, 1622 to 1624, 1626 to 1628, 1001, 1022,1052, 698, 723 of 2022, 1529, 999 of 2022, 1043, 687, 1049, 1039, 970, 976, 978, 958, 1736, 1053, 1026, 971, 1000, 1032, 711, 1033, 1009, 973, 686 of 2022, 1525 of 2023, 995, 1041, 1045, 758, 968, 956, 1017 of 2022, 1514 of 2023, 957, 1003 of 2022, 1524, 1522, 1520 of 2023, 1050, 961, 977, 1047, 1036, 1048, 751, 1020 of 2022, 1516 of 2023, 689, 994 of 2022, 1518 of 2023, 974, 1515, 1013 of 2022, 1523 of 2023, 738, 1028, 757, 955, 966 of 2022, 1527 of 2023, 1008 of 2022, 1511 of 2023, 967, 1056, 986, 708, 1002, 1016, 992, 959, 1023 and 714 of 2022).
Present: Muhammad Ali Mazhar and Syed Hasan Azhar Rizvi, JJ
Noor Muhammad Khattak, Advocate Supreme Court and Anis Muhammad Shahzad, Advocate-on-Record for Petitioners. Muzammil Khan, Additional Advocate General Khyber Pakhtunkhwa along with Qayum Khan, Deputy Director and Abdur Rasheed, Deputy Secretary Finance for
Respondents. Date of hearing: 5th November, 2024.
GUL ZARIF KHAN and others ---Petitioners
VERSUS
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar and others ---Respondents
Law: Constitution of Pakistan, 1973
Section: 25, 4
(a) Career Structure for Health Personnel Scheme Ordinance (VI of 2011)---
----S. 2(b)---Khyber Pakhtunkhwa Service Tribunals Act (I of 1974), S.4--Constitution of Pakistan, Arts. 4 & 25---Service benefits---Discrimination---Health allowance---Devolved employees---Petitioners / civil servants were aggrieved of the fact that they were not given health allowance which was being given to devolved employees in same department---Appeals filed by petitioners/civil servants were dismissed by Service Tribunal---Validity---Petitioners/civil servants were not in the category of devolved employees who became employees of the Province by virtue of 18th Amendment to the Constitution---Petitioners/civil servants were employees of the Province since the beginning, whereas benefit of allowance was only extended to devolved employees who were covered under section 2 (b) of Career Structure for Health Personnel Scheme Ordinance, 2011--No such law or rule was ever promulgated by Government of Khyber Pakhtunkhwa for extending same benefits to originally employed persons to be treated alike--Supreme Court declined to interfere in judgment passed by Service Tribunal--Petition for leave to appeal was dismissed and leave to appeal was refused.