| Citation(s) |
|---|
| 2025 SLG 2290 2025 SLD 2290 |
W.P No. 90-M/2024 With C.M 245/2024
QAZI JAWAD EHSANULLAH, J
Present:· Mr. Sabir Shah, ASC for the petitioners. Mr. Haq Nawaz, A.A.G for the respondents alongwith Mr. Naeem Hussain, DSP (Legal) in person. Date of hearing: 10.04.2025
Ihsan Khan and others (Petitioners)
VS
Government of Khyber Pakhtunkhwa through Chief Secretary at . Civil · Secretariat, Peshawar and others (Respondents)
Law: Constitution of Pakistan, 1973
Section: 3, 4, 9, 10-A, 14, 25, 27
REMAKRS
1. The court relies on key precedents to support its decision. In Government of the Punjab vs. Mubarik Ali Khan (PLD 1993 SC 375), the Supreme Court applied the “job description test†to grant Secretariat Allowance to Lahore High Court employees, noting their similar functions to employees of the Federal Shariat Court and Supreme Court. Additionally, cases like Rehman Medical College vs. Wafa Gul (2022 SCMR 36) and Employees of the Pakistan Law Commission vs. Ministry of Works (1994 SCMR 1548) emphasize principles of equal pay and treatment under the law, highlighting that discrimination without reasonable classification violates Article 25 of the Constitution.
2. Support staff in the police department, play a crucial role in enabling senior officials to perform their duties effectively. Given this, the court finds it reasonable and plausible for the petitioners to be entitled to Risk Allowance. Drawing an analogy with the Judicial Allowance case, where support staff and judges are treated as one class without distinction, the court directed that similar treatment should be extended to the petitioners.
Case Summary: