Law: Constitution of Pakistan, 1973

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

 SUMMARY; The constitutional petition was dismissed. The Court held that the petitioners, being ministerial/non-clinical employees without direct interaction with patients or responsibility for patient care, do not fall within the category of “health personnel” eligible for Health Allowance under the relevant law. Relief claimed The petitioners sought directions requiring the respondents to pay Health Allowance arrears from 1 January 2012. They relied mainly on: The Supreme Court’s earlier judgment dated 17 January 2018. Islamabad High Court’s order in W.P. No. 3380/2019. Judgment dated 15 January 2024 in W.P. No. 2253/2022. Articles 189 and 190 of the Constitution, asserting that authorities must implement Supreme Court judgments. Articles 4, 7, 9, 10-A, 14 and 25 of the Constitution, alleging discriminatory treatment. Petitioners’ case The petitioners argued that they were similarly placed to employees who had already received Health Allowance. Their principal submissions were: Health Allowance had been made available through the Office Memorandum issued in February 2012, with effect from 1 January 2012. The Supreme Court had already recognized the entitlement of “health personnel.” The respondents could not deny them arrears while granting the allowance to employees in other government departments or entities. The authorities were bound by Articles 189 and 190 to give effect to Supreme Court decisions. Since the allowance had previously been granted, it could not lawfully be discontinued or withheld. Respondents’ case The respondents opposed the petition on the following grounds: The petitioners had first approached the Wafaqi Mohtasib, whose findings dated 22 April 2016 rejected their claim. They had earlier filed W.P. No. 3590/2019 without impleading the Finance Division. After the Directorate of Health Services was transferred to the Government of Gilgit-Baltistan pursuant to the Federal Cabinet decision, the petitioners were paid by the Gilgit-Baltistan Government rather than the Federal Government. Most importantly, the petitioners were ministerial/non-clinical employees and had no direct role in…