Law: Appointment of Chairman and Members (Qualifications) Rules, 2022

Section: 5

Law: Constitution of Pakistan, 1973

Section: 25

Appointment of Chairman and Members (Qualifications) Rules, 2022-------R.5---Constitution of Pakistan, Art.25---Appointment of Members of National Industrial Relations Commission (NIRC)---Perks and privileges/payment and allowance---Equality---Reasonable classification---Intelligible defferentia---Scope--Legitimate expectancy---Contention of the petitioner was that he was not treated on the analogy of other similarly placed members of the NIRC and District and Sessions Judges in other Provinces for grant of perks and privileges/pay and allowances---Validity---Petitioner had legitimate expectancy to receive the same perks and privileges as were being granted to similarly placed persons/colleagues--All admissible allowances to regular judicial officers in same grade would be admissible to the petitioner as the petitioner was appointed against the judicial post having requisite qualification and practice as an advocate and as such, he could not have been discriminated for the perks and privileges being paid to other appointees/Members of NIRC, who were retired District and Sessions Judges--Petitioner was being treated differently as compared to his colleagues, which was absolutely unwarranted under the quality clause contained in Art.25 of the Constitution---No reasonable distinction existed between the petitioner and other similarly placed Members and there was no justified reason to isolate the case of the petitioner from the other similarly placed members because the discrimination against the petitioner was not based on any rational ground or reasonable classification rather it tantamount to creating artificial grouping---Constitutional petition was allowed, in circumstances.Government of the Punjab through Secretary Finance Department, Lahore v. Mubarik Ali Khan and 8 others PLD 1993 SC 375; Government of the Punjab through Chief Secretary, Civil Secretariat, Lahore and 2 others v. Syed Riaz Ali Zaidi 2016 PLC (C.S.) 1074; Abdul Haleem Siddiqui and others v. Federation of Pakistan through the Law Secretary, Ministry of Law and Justice, PakistanSecretariat, Islamabad and others 2019 PLC (C.S.) 238 and Muhammad Wassay Tareen v. Government of Balochistan through…