Law: Constitution of Pakistan, 1973

Section: 189, 190, 4, 7, 9, 10-A, 14 & 25

Summary The petitioners, who were ministerial/non-clinical employees connected with the health sector, sought payment of Health Allowance and arrears from 01.01.2012, relying on earlier judgments and claiming that they were similarly placed with employees who had received the allowance. The Court examined the statutory definition of “health personnel” and the subsequent authoritative judgment of the Supreme Court dated 04.07.2024, which clarified that “delivering health services” primarily means direct provision of clinical care to patients, including doctors, nurses, pharmacists, paramedics and support personnel who directly receive or attend to patients. The petitioners did not diagnose or treat patients, provide clinical or paramedical care, or have direct interaction with patients; their duties mainly involved collecting and dispatching medicines/vaccines and maintaining records. Therefore, their work was administrative/logistical support rather than direct health-care service, and they did not fall within the statutory category entitled to Health Allowance. The Court further held that previous receipt of the allowance did not create an indefeasible right, because an illegal benefit cannot create a permanent entitlement (locus poenitentiae). The earlier High Court judgment relied upon by the petitioners could not override the later binding interpretation of the Supreme Court, and Articles 189 and 190 of the Constitution require judgments to be applied according to their actual ratio. Consequently, the claim for Health Allowance and arrears from 01.01.2012 was rejected and the constitutional petition was dismissed. Tagline “Mere employment in the health sector does not make an employee ‘health personnel’; Health Allowance requires direct involvement in patient care or qualifying health services.” ORDER; SHAHRUKH ARJUMAND, J.  …