Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)------Ss, 42, 42-A, 42-B, 44 & 45---Civil service---Grant of special judicial allowance---Powers of Supreme Court---Supreme Court of Pakistan having granted special judicial allowance at rate of 20% to all its officers and servants on -their basic pay vide Notification dated 9th October, 2000, employees of Supreme Court of Azad Jammu and Kashmir also requested for grant of such allowances---On direction of Chief Justice meeting of Judges was convened on 17th November, 2000 in which it was unanimously decided to grant allowance prayed for by employees---On sending decision taken in meeting to Law Department same was conveyed to Finance Department for financial concurrence---Law Department through Notification allowed 20% Special Judicial Allowance to Officers of Grade-16 and above whereas 10% to employees below -Grade-16---Employees of below Grade-16 challenged said Notification before High Court and High Court accepting prayer of employees directed Authorities to pay 20% Special Judicial Allowance to said employees also in the light of decision taken by Council of Judges--­Validity---Law Department was not justified in law to issue Notification derogatory to directions of Council of Judges of Supreme Court as Supreme Court had wide powers to issue such directions, orders or decrees as could be necessary for doing complete justice in any case or matter pending before it---All Executive and Judicial Authorities would act in aid of Supreme Court---Any person feeling aggrieved from any order, direction or decree of Supreme Court, subject to provision of law could seek review of order, direction or decree of the Supreme Court with permission of Supreme Court---Observation made by Judges of Supreme Court in a case in nature of obiter dicta, would be binding upon Courts and other Executive Authorities---Under provisions of S.42-A of Azad Jammu and Kashmir Interim Constitution Act, 1974 and Rules made thereunder for exercising authority of Supreme Court, Executive Authorities could not exercise their authority in such a manner which could amount to infringe, impair or curtail any of right granted by…

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