PESHAWAR, Aug 9: The Peshawar High Court (PHC) on Tuesday adjourned hearing into two writ petitions seeking enhancement of judicial and utility allowances of over 3,000 subordinate judicial staffers across Khyber Pakhtunkhwa in line with that of the employees of the high court and those of other provinces.
A two-member bench comprising Justice Dost Mohammad Khan and Justice Malik Azmatullah took exception to the non-availability of the provincial government's counsel and warned that he should appear on the next hearing failing which the case would be decided on the basis of available record.
Advocate Barkatullah Khan appeared for the petitioners and said that the case had been pending since 2009, as the government had been using delaying tactics.
Abdul Manan, representing the staff of Mardan, and Khan Akber, representing staff of rest of the province, have filed the petitions.
The bench was informed that advocate Shumail Butt, representing the provincial government, had given an application for adjournment. The petitioners' counsel stated that the case had to be adjourned on the same ground on several previous occasions. They said that the non-enhancement of the allowances by the government was against the principles of natural justice.
The government of Khyber Pakhtunkhwa through chief secretary, the PHC registrar and finance department secretary are the respondents in the petitions.
The petitioners stated that the subordinate courts staff in the country was allowed 20 per cent judicial allowance and 10 per cent utility allowance and the same practice was also followed in Khyber Pakhtunkhwa.
They stated that the Lahore High Court's chief justice had enhanced the judicial allowance and utility allowance to the employees of the high court to Rs7,000 a month for the employees in BPS-1 to BPS-6 and Rs10,000 to the employees in BPS-7 to BPS-16.
The petitioners stated that the PHC's registrar issued a notification on May 5, 2009 and enhanced the judicial and utility allowances to the employees of the high court in BPS-1 to BPS-6 and BPS-7 to BPS-16 at the same rate as in Punjab.
They stated that subsequently the government of Punjab on Sept 1, 2009 also enhanced the judicial and utility allowances for staff of the subordinate courts of the province to Rs4,000 and Rs3,000 respectively for the employees in BPS-1 to BPS-6, and Rs 6,000 and Rs 4,000 respectively for the employees of BPS-7 to BPS-16.
The petitioners stated that in the National Judicial Policy-2009 it had been decided that the salary/allowances of courts staff should be suitably increased and the same be brought at par in all the provinces and the disparity in the salaries and allowances should be removed.
