| Citation(s) |
|---|
| 2026 SLD 3491 |
Lahore High Court
W.P. No.215163 of 2018
Presented By: (RAHEEL KAMRAN) JUDGE
Date of Hearing 02.06.2026 For the petitioner M/s Mohsin Mumtaz, Aqeel Khokhar and Ali Shazib, Advocates. Mr. Muhammad Hamza, Advocate (W.P. No.230528-18). For respondents Mr. Zubdatul Hussain, Advocate for the respondents. Mr. Salman Asif Warraich, Assistant Advocate General, Punjab.
W.P. No.215163 of 2018
Presented By: (RAHEEL KAMRAN) JUDGE
Date of Hearing 02.06.2026 For the petitioner M/s Mohsin Mumtaz, Aqeel Khokhar and Ali Shazib, Advocates. Mr. Muhammad Hamza, Advocate (W.P. No.230528-18). For respondents Mr. Zubdatul Hussain, Advocate for the respondents. Mr. Salman Asif Warraich, Assistant Advocate General, Punjab.
Syed Khurshid Anwer Rizvi
VERSUS
The Registrar, Lahore High Court and another
Law: Constitution of Pakistan 1973
Section: 199, 199(5)
Law: Punjab Subordinate Judiciary Service Tribunal Act, 1991
Section:
Law: Punjab Judicial Academy Act, 2007
Section:
Summary The Lahore High Court dismissed two connected constitutional petitions as not maintainable. The petitioners challenged the withdrawal of the Superior Executive Allowance granted to the Registrar, Lahore High Court, and the consequential recovery of amounts already paid pursuant to the decision of the Administration Committee of the High Court. The Court held that the impugned order was merely a consequence of the Administration Committee's decision, which constituted an administrative act of the High Court. In view of Article 199(5) of the Constitution and the Supreme Court's judgment in Gul Taiz Khan Marwat v. Registrar, Peshawar High Court (PLD 2021 SC 391), such administrative decisions are not amenable to the writ jurisdiction of the High Court. The Court further observed that any grievance relating to allowances and service benefits of members of the subordinate judiciary falls within the jurisdiction of the competent Service Tribunal. Accordingly, both petitions were dismissed, while leaving the petitioners at liberty to seek any other remedy available under law. Tagline Administrative decisions of a High Court's Administration Committee cannot be challenged through a constitutional petition under Article 199(5) of the Constitution; service-related grievances must be pursued before the competent statutory forum. ORDER; Raheel Kamran J:- This single judgment shall govern the titled Writ Petition as well as Writ Petition No.230528 of 2018 as both these matters stem from withdrawal of Superior Executive Allowance for the Registrar, Lahore High Court pursuant to the decision of the Administration Committee of this Court in its meeting dated 05.03.2018, followed by orders/letters for recovery of such allowance from the petitioners. Vide Order Endst.No.6125 B/I-A-2(a) dated 09.02.2017 issued by the Additional Registrar (B & F) for the Registrar, Lahore High Court, Lahore, Superior Executive Allowance in favour of the Registrar, Lahore High Court, Lahore was sanctioned at the rate of Rs.4,00,000/- per month with effect from 26.01.2017. The petitioner in the titled Writ Petition being posted as the Registrar at the relevant time had…