LAHORE, Jan 26: A Federal Shariat Court full bench has declared un-Islamic rules of the government pertained to deduction of rent for an official residence from the pay of both husband and wife (both civil servants) even if the house is allotted to one of them.

The FSC full bench comprising Justice Dr Fida Muhammad Khan, Justice Rizwan Ali Dodani and Justice Sheikh Ahmad Farooq passed this order on a petition filed by the civil servant couple.

Striking down the rules followed by federal and provincial governments in this regard the court observed both husband and wife performed official duties separately and independently of each other and were thus entitled to all facilities and benefits without any discrimination.

“In case their son/daughters who are also civil servants, whether dependent or independent, and reside with them in same hired/government accommodation, they are duly entitled in accordance with the NPS they hold, to all perks/privileges (including house rent) and there is no bar that deprives them of this right,” the FSC remarked.

After taking into consideration several verses of the Holy Quran pertaining to fundamental right of equal protection of law and equal treatment, the court held that the impugned rules were repugnant to the injunctions of Islam.

The FSC declared that each of the spouses in their own capacity had a right to get the house rent according to his/her entitlement as mentioned in the terms and conditions of service.

“There is no reason that in case of allotment of government accommodation to one of the spouses, both should lose 100 per cent house rent and the allottee husband or wife in addition to that, should also pay an additional five per cent of his/her pay for the same accommodation while their colleagues who are residing in the similar accommodations pay only five per cent of their pay, if the other spouse is not a civil servant,” the court held.

The court directed federal and all provincial governments to amend the impugned rules so as to bring them in conformity with the injunctions of Islam by June 30, where after the said rules would become void.

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