Law: Constitution of Pakistan, 1973

Section: 189 & 190

Summary The petitioners sought payment of Health Allowance arrears from 01.01.2012, claiming that they were similarly placed with employees who had previously been granted the allowance and relying on earlier judgments of the High Court and Supreme Court. The High Court dismissed the petition, holding that mere employment in the health sector, previous receipt of the allowance, or performance of administrative/logistical duties does not make a person “health personnel.” Under Section 2(b) of the Career Structure for Health Personnel Scheme/Ordinance No. VI of 2011, read with the Supreme Court’s authoritative judgment dated 04.07.2024, “delivering health services” principally refers to direct clinical care or direct involvement with patients, including doctors, allied specialists, pharmacists, nurses, paramedics and qualifying support personnel who directly receive or attend to patients. The petitioners merely collected medicines and vaccines, dispatched them to the Health Department and maintained records; they had no direct patient contact or clinical duties. Therefore, they did not fall within the statutory class entitled to Health Allowance. The Court further held that previous payment of the allowance could not create a permanent or indefeasible right under the doctrine of locus poenitentiae, particularly where the benefit was not legally due. The earlier High Court judgment could not be mechanically applied because the later Supreme Court judgment had clarified the scope of “health personnel.” Accordingly, the claim for arrears was dismissed. Tagline “Mere employment in the health sector is not enough; Health Allowance requires qualifying involvement in the actual delivery of health care.” ORDER; SHAHRUKH ARJUMAND, J.  …

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