| Citation(s) |
|---|
| 2008 SLG 1573 2008 SLD 1573 2008 SCMR 317 |
Supreme Court of Pakistan
Criminal Original No.7 of 2003 in Constitutional Petition No. 40 of 1999, decision dated: 29-12-2005. (On appeal from the judgment, dated 26-9-2003 passed by this Court in Constitutional Petition No.40 of 1999)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. FAQIR MUHAMMAD KHOKHAR AND M. JAVED BUTTAR, JJ
Habib-ul-Wahab-ul-Khairi, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record for Petitioners. Mrs. Naheeda Mehboob Elahi, Dy. A.G. along with Mumtaz Sheikh, Member (Legal), C.B.R. Muhammad Saleem Saleemi, Dy. Secretary, Aurangzeb, Dy. Secr
Criminal Original No.7 of 2003 in Constitutional Petition No. 40 of 1999, decision dated: 29-12-2005. (On appeal from the judgment, dated 26-9-2003 passed by this Court in Constitutional Petition No.40 of 1999)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. FAQIR MUHAMMAD KHOKHAR AND M. JAVED BUTTAR, JJ
Habib-ul-Wahab-ul-Khairi, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record for Petitioners. Mrs. Naheeda Mehboob Elahi, Dy. A.G. along with Mumtaz Sheikh, Member (Legal), C.B.R. Muhammad Saleem Saleemi, Dy. Secretary, Aurangzeb, Dy. Secr
ASGHAR ALI ASGHAR and others
VS
FEDERATION OF PAKISTAN and others
Law:
Section:
Constitution of Pakistan (1973)---Art. 204---Contempt of Court Act (LXIV of 1976), Ss.3/4---Contempt of Court---Supreme Court had not given any positive directions to the respondents for upgradation of posts of Sepoy, Hawaldar and Inspector from BPS-2 to 5, 3 to 7 and 11 to 16 respectively---Object of the directions was to examine the case of 'the categories of the petitioners, in order to improve their service conditions---Posts of petitioners had already been upgraded by the Federal Government---Pay scales of the employees of the Central Board of Revenue had also been further revised on the report of the Pay and Pension Committee and the matter for grant of some other fringe benefits to them was also under consideration---Contempt proceedings, could not be taken against the respondents in circumstances---Contempt petition was dismissed accordingly. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- The petitioners have moved this petition for taking proceedings against the respondent under Article 204 of the Constitution of Islamic Republic of Pakistan read with the provisions of Contempt of Court Act, 1976. 2. The petitioners are the employees of the Customs Central Excise and Sales Tax Department, Government of Pakistan. They filed Constitution Petition No.40 of 1999 under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeking removal of disparities and discrimination in their pay scales as compared to employees of some other departments. Their petition was disposed of by this Court by the judgment dated 2-1-2002, with the directions to the respondents to redress their grievance of the petitioners in view of Article 25(1) read with Article 38(3) of the Constitution and to resolve the issues of disparity and discrimination in pay scales within a period of four months. 3. The learned counsel for the petitioners contended that despite the period of four months having already elapsed since long, the directions of this Court had not been carried out by the respondents inasmuch as the posts of the petitioners had not been upgraded from BPS-2 to 5, 3 to 7 and 11 to 16 in the case of Sepoy, Hawaldar and Inspector retrospectively. 4. On the other…
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