' NAEEM AKHTAR AFGHAN, J.--- Petitioners who are working as Private Secretaries and Readers in this Court have filed instant petition on behalf of Members of Establishment of this Court seeking the following relief:---
(a) That the action of respondents in refusing Special Judicial Allowance Equal to three times of initial of the substantive Pay Scale w.e.f, 1st July, 2009, is illegal and discriminatory.
(b) By issuing Writ the respondents may be directed to grant Special Judicial Allowance Equal to three times of initial of the substantive Pay Scale w.e.f, 1st July, 2009, to the Establishment of High Court.
(c) Any other relief, deemed fit and proper in the circumstances of the case may also be awarded in the interest of justice."
2. Facts of the case are that the Members of Establishment of Hon'ble Supreme Court and Lahore High Court were granted Special Judicial Allowance equal to three times of the initial of the substantive pay scale with effect from 1st July, 2009 where-after Government of Sindh vide Office Memorandum No,FD(SR-III)5/4-209(A) dated 20th May, 2010 allowed said allowance with immediate effect, but the Sindh High Court vide order dated 21st May, 2010 allowed said allowance to the Members of Establishment of Sindh High Court with effect from 3rd August, 2009. The Judicial Officers and employees of Peshawar High Court also filed Writ Petition No,1098, wherein the matter was amicably settled resulting in issuing directions to Government of Khyber Pakhtunkhwa to pay Special Judicial Allowance on the basis of one initial basic pay plus 50 percent of running basic pay with arrears of one initial pay but from 1st July, 2009.
' In view of above situation, to keep harmony and equality in the pay and allowances of the Establishment of the High Court of Balochistan, the respondent No,2 was approached by the Registrar High Court of Balochistan, Quetta vide letter dated 22-4-2010 mentioning therein that it has become imperative that employees of the High Court Establishment are extended the benefit of the Special Judicial Allowance and in this regard request was made to accord approval/allocate funds for the grant of Special Judicial Allowance equal to three times of the initial substantive pay scale in favour of the staff of the Establishment of High Court of Balochistan by issuing necessary Notification. The respondent No,2 vide letter dated 11-5-2010 stated that the department has already conveyed the financial position of the province and decision of the government on the subject vide its letter dated 15-4-2009 wherein it was stated that Balochistan Provincial Government has been facing financial crises for the last many years and its account with the State Bank of Pakistan is running under debit, therefore, financial position does not allow to raise the non- development expenditures. It was further mentioned in the referred letter dated 15-4-2009 that in view of the circumstances explained above, the competent authority has not agreed with the proposal for grant of three times basic pay in the form of allowance, however, the subject proposal shall be considered as and when financial position of the province is improved.
' Subsequently on 10-6-2010 again a letter was addressed by the Registrar High Court of Balochistan to respondent No,2 with reference to earlier correspondence for allocation of funds for the grant of Special Judicial Allowance to the Establishment of the High Court of Balochistan w.e.f, 1-7-2009 and it was again requested to allocate the required funds for the next year budget of this court so that the disparity in allowances amongst the High Court Establishment is removed . No response was made by the respondents to the request/letter dated 10-6-2010, however; on 2-8- 2010 a summary was moved by respondent No,2 to worthy Chief Minister Balochistan to "pend the proposal/request till the Provincial Government is financially stable". The worthy Chief Minister Balochistan passed following remarks on the summary:--- "We may pend the matter till we get information from other federating units."
' The record reveals that in light of, worthy Chief Minister's remarks respondent No,2 addressed letters to Secretary, Government of Pakistan, Finance Division, Islamabad and Secretaries Finance of the other provinces seeking information about prevailing position of the subject allowance.
Subsequently despite getting information from all the federating units about grant of Special Judicial Allowance to the Members of Establishment of Hon'ble Supreme Court of Pakistan, Federal Shariat Court and High Courts of other provinces, the respondents did not grant the said allowance to the Members of Establishment of High Court of Balochistan and in the circumstances the instant petition was filed seeking above relief for the Members of Establishment of High Court of Balochistan.
' No counter-affidavit was filed to the petition by respondents Nos.1 and 2, however, respondent No,2 filed para wise comments on 2nd September 2010, which were adopted/relied upon by respondent No,1. On merits entitlement of the Members of Establishment of High Court for grant of Special Judicial Allowance with effect from 1st July, 2009 was not denied/contested, however, it was pleaded that the Provincial Government is financially hard pressed and the present rains and flood have collapsed the Agriculture infrastructure and has badly affected the economical and financial position of the Province and it was prayed that since the financial position of the Province of Balochistan is not good, as such, the proposal for grant of Special Judicial Allowance may be kept pending till better time.
3. During pendency of petition vide order dated 3rd January, 2011 a Committee comprising of Mr. Dostain Jamaldini, Secretary Finance, Mr. Nasrullah Achakzai, Additional Advocate-General, Registrar of this Court and Mr. Ali Ahmed Kurd counsel for petitioners was constituted to consider the modality and also to take into consideration the steps taken by the Hon'ble Supreme Court of Pakistan and other Provinces in this behalf. The Committee held its meeting on 7th and 10th January, 2011. The issue with regard to payment of Special Judicial Allowance to the Members of Establishment of High Court and Judicial Officers was unanimously resolved and mode of payment with effect from 1st January, 2011 was agreed as follows:
(i) 1st Instalment at the rate of one initial basic with effect from 1st January, 2011.
(ii) 2nd Instalment at the rate of one initial basic with effect from 1st July, 2011, with six months arrears of one basic pay commencing from 1st January to 30th June, 2011.
(iii) 3rd Instalment at the rate of one initial basic with effect from 1st January, 2012, with six months arrears one basic pay commencing from 1st July, 2011 to 31st December, 2011.
(iv) Ad hoc Allowance 2010 may be discontinued from the salaries of the Members of District Judiciary/Establishment of High Court of Balochistan from the date of 2nd Instalment i.e, w.e.f, 1st July, 2011.
' However, issue with regard to arrears of 18 months i.e, the payment of the said allowance with effect from 1st July, 2009 up to 31st December, 2010 could not be decided due to deadlock created in view of the stand taken by Secretary Finance, that the Government is not in a financial position to pay the same. Report with regard to the minutes of meeting was submitted to this Court, in pursuance whereof this Court passed order on,20th January, 2011 and the petition to the extent of above agreed terms stood decided, however; with regard to the arrears w.e.f, 1st July, 2009, since there was no consensus, therefore, to such extent the petition was deemed pending.
4. Syed Ayaz Zahoor, Advocate for petitioners argued that as per Article 25 of the Constitution of Islamic Republic of Pakistan, 1973 all citizens are to be treated equally without any discrimination and are entitled to claim equal protection of law without any distinction. He further argued that the above Article though permits reasonable classification but prohibits discrimination. He stressed that the Members of Establishment of High Court of Balochistan are in similarly situated circumstances with that of the Members of Establishment of Hon'ble Supreme Court of Pakistan, Hon'ble Federal Shariat Court as well as High Courts of other Provinces who have been granted the said allowance with effect from 1st July, 2009, thus; Members of Establishment of this Court are also entitled to be treated alike without any discrimination with regard to the payment of the arrears with effect from 1st July, 2009. He emphasized that the respondents cannot refuse payment of arrears of the Special Judicial Allowance to the Members of the Establishment of High Court of Balochistan on the ground of financial constraint in view of Article 121 of the Constitution of Islamic Republic of Pakistan, 1973 which inter-alia provides that the administrative expenses, including the remuneration payable to the officers and servants of the High Court shall be expenditure charged upon the Provincial Consolidated Fund. He further argued that the contest of the respondents rests only on financial constraint but they have failed to file a single document in support of their such plea. Learned counsel placed reliance on Budget Speech by Minister Finance on Annual Budget, 2010-2011, revealing that the Federal Government has waived off the liability worth Rs,17 billion of the Province of Balochistan and further according to new formula of NFC Award, 2009 resources of the Balochistan Province have been enhanced from 30 billion to 83 billion. The Federal Government has agreed to provide arrears of Gas Development Surcharge since 1954 worth Rs,120 billion and to provide Rs,10 billion under Aghaz-e- Haqooq-e-Balochistan Package.
' On the other hand, learned Assistant Advocate-General appearing on behalf of respondents did not contest/oppose the petition on merits rather with vehemence pleaded the financial constraint of the Province of Balochistan in making the payment of arrears of Special Judicial Allowance for 18 months with effect from 1st July, 2009 up to 31st December, 2010.
5. We have considered the arguments put forth by the learned counsel for the parties and have gone through the record as well.
' Perusal of record reveals that vide letter dated 3rd March, 2010 the Prime Minster of Pakistan was pleased to sanction/enhance allowances and perks for the Members of Establishment of Supreme Court of Pakistan with effect from 1st July, 2009 including Special Judicial Allowance equal to three times of initial of the Substantive Pay Scale. Similarly the said allowance was sanctioned in favour of Members of Establishment of Federal Shariat Court of Pakistan. For the Members of Establishment of Lahore High Court, the said allowance was sanctioned with effect from 1st July, 2009 vide letter dated 4th August, 2009. As far as Members of Establishment of Sindh High Court is concerned they too were allowed, said allowance with effect from 3rd August, 2009 vide office memorandum dated 24th May, 2010. The Members of Establishment of Peshawar High Court were also allowed Special Judicial Allowance with effect from 1st July, 2009 vide Notification dated 27th July, 2010 issued pursuant to judgment passed by Peshawar High Court in Writ Petition No,1098 of 2010 decided on 6th July, 2010.
6. Since the Members of Establishment of High Court of Balochistan compared to the employees of the Establishment of Hon'ble Supreme Court of Pakistan, Federal Shariat Court and the High Courts of the other Provinces are working under the same set of circumstances and according to principle of equality all persons similarly circumstanced, shall be treated alike both in privileges conferred and liabilities imposed, hence they too deserve for equal treatment a,nd protection of law. In this regard Article 25 of the Constitution of Islamic Republic of Pakistan, 1973 is very clear which lays down that:---
25. Equality of citizens.--- (1) All citizens are equal before law and are entitled to equal protection of law.
(2) There shall be no discrimination on the basis of sex.
(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children."
' In view of the principle embodied in Article 25 of the Constitution when all relevant considerations are the same, the persons who are holding identical posts and are discharging similar duties, shall not be treated differently. In this regard reliance is placed on the judgments reported in PLD 1957 SC 9, AIR 1985 SC 1124 and AIR 1979 SC 478.
' The Hon'ble Supreme Court in case of Govt. Of Punjab v. Mubarak Ali Khan PLD 1993 SC 375 has already held that since employees of High Courts perform almost identical functions as do the employees of Hon'ble Supreme Court and Federal Shariat Court, as such; they cannot be discriminated against in respect of an allowance which has been allowed to the employees of these two Courts. Relevant observations there from are reproduced hereinbelow:-- "The employees of the Federal Shariat Court and the Supreme Court of Pakistan have been allowed such an Allowance. The High Court employees perform almost identical functions as do the employees of these two other Courts perform. The employees of all the three Courts have been dealt with constitutionally by the same provision reproduced above. In the circumstances, the High Courts employees cannot be discriminated against. The necessary provision of Secretariat/Personal Allowance had to be made in respect of such employees as was made in the case of the Federal Shariat Court and the Supreme Court employees."
' The petitioners are claiming grant of Special Judicial Allowance with effect from 1st July, 2009 to the Members of the Establishment of High Court of Balochistan. No counter-affidavit was filed by the respondents and the entitlement and locus standi of Establishment of High Court of Balochistan was not denied on merits. The grounds for refusal to grant Special Judicial Allowance equal to three times of initial substantive pay scale appears to be (i) lack of prior approval of Chief Justice and (ii) financial constraints.
' Though in para wise comments respondents did not assert the first ground but minutes of meeting dated 7-1-2011 reflect that prior approval by the Chief Justice was treated a condition precedent for the allocation of funds. Relevant contents from minutes of meeting dated 7-1-2011 reads as under:- "At the onset, Mr. Dostain Jamaldini, emphatically stated that in view of the Notification dated 16th October, 1995, the Hon'ble Chief Justice has full powers in financial matter, thus, without first approval of the Hon'ble Chief Justice, the Finance Department cannot consider the request of petitioners and Judicial Officers, to grant then(them) three times initial basic pay as Special Judicial allowance. Earlier to this also, the Hon'ble Chief Justice had been granting the Judicial Allowance, Utility Allowance etc. By exercising such powers"....
' Now it has to be seen as to whether the Chief Justice has granted approval for grant of said allowance to the Establishment of High Court of Balochistan or otherwise? In this regard Letter No,359/ACCOUNT, 2010 dated 22-4-2010 addressed by Registrar, High Court of Balochistan to Secretary, Government of Balochistan, Finance Department is very much relevant and would unearth the position:--- ' Subject:- GRANT OF SPECIAL JUDICIAL ALLOWANCE EQUAL TO THREE TIMES OF THE INITIAL OF SUBSTANTIVE PAY SCALE TO THE MEMBERS OF ESTABLISHMENT OF HIGH COURT OF BALOCHISTAN, QUETTA.
I am directed to refer to letter No,F.4(1)/2008-A-11 dated 3-3-2010 of Government of Pakistan, Ministry of Law, Justice and Parliamentary Affairs, Islamabad and Letter No,F.D.SR-1-9-1/99 dated 4-8-2009 of Government of the Punjab, Finance Department (Copy enclosed) on the subject noted above and to say that the Honble Supreme Court and Lahore High Court were sanctioned/enhanced/ approved the Special Judicial Allowance equal to three times of the initial of the substantive pay w.e.f, 1st July, 2009. In order to keep harmony and equality in the pay and allowances of the Establishment of the Supreme Court of Pakistan and Establishment of Lahore High Court, Lahore, it has become imperative that the employees of the High Court Establishment are extended the same benefit of this Special allowance. Detail of Staff working in the High Court of Balochistan along with the expenditure involved, is as under:--- Particulars of postsNo. of Post3 times of Initial of Substantive Pay ScaleTotal Involvement of Budget Registrar 1 27,680 996,480 District and Sessions Judge, Inspection1 25,880 931,680 Director-General (Judicial Academy)1 27,680 996,480 Senior Director Judicial Academy1 23,345 840,420 Secretary to Chief Justice 1 12,910 464,760 Additional Registrar 3 23,345 2,521,260 Civil Judge, (OSD) 1 12,910 464,760 OSD (B-19) 1 19,680 708,480 Senior Civil Judge (OSD) 1 19,680 708,480 Deputy Registrar 6 19,680 4,250,880 Addl. District and Sessions Judge (Inspec)2 23,345 1,680,840 Librarian 2 12,910 929,520 System Analyst 1 19,680 708,480 Protocol Officer 1 19,680 708,480 Private Secretary 11 12,910 5,112,360 Research Officer 2 9,850 709,200 Database Administrator 1 12,910 464,760 Assistant Registrar 7 12,910 3,253,320 Reader 12 12,910 5,577,120 Senior Translator 2 9,850 709,200 Secretary to DSJ, Inspection 1 9,850 354,600 Admn. Officer 1 6,060 218,160 Accounts Officer 1 6,060 218,160 Computer Programmer 1 12,910 464,760 Data Processing Officers 5 9,850 1,773,000 Superintendent 5 6,060 1,090,800 Assistant Security Officer 1 6,060 218,160 Computer Operator 5 6,060 1,090,800 Personal Assistant 21 9,850 7,446,600 Senior Scale Steno 3 6,060 654,480 Assistant 25 4,920 4,428,000 Data Entry Operator 2 4,355 313,560 Assistant Computer Operator 4 4,355 627,120 Garage Superintendent 1 4,115 148,140 Junior Translator 2 4,115 296,280 Cataloguer 1 3,955 142,380 Caretaker 2 3,665 263,880 Senior Clerk 31 3,820 4,263,120 Telephone Operator 2 3,665 263,880 Senior Copiest 2 3,820 275,040 Junior Copiest 2 3,530 254,160 Junior Clerk 42 3,530 5,336,360 Plumber 1 3,820 137,520 Electrician 1 3,665 131,940 Cook 1 3,240 116,640 Drivers 7 3,530 889,560 Drivers 24 3,340 2,885,760 Machine Man 1 3,240 116,640 Book Binder 3 3,340 360,720 Tubewell Operator 1 3,340 120,240 Court Jamadar 1 3,240 116,640 Head Bailiff 2 3,240 233,280 Daftri 10 3,140 1,130,400 Process Server 8 3,140 904,320 Photostat Operator 1 3,035 109,260 Naib Qasid 83 3,035 9,068,580 Bailiff 19 3,140 2,147,760 Frash 31 3,035 3,387,060 Sweeper 19 3,035 2,075,940 Mali 19 3,035 2,075,940 Tube Well Helper 1 3,035 109,260 Chowkidar 17 3,035 1857,420 Helper 2 3,035 218,520 Grand Total 470 91,072,800 The Hon'ble Chief Justice while agreeing to the grant of this Special Judicial allowance equal to three times of the initial substantive pay to the Establishment of High Court of Balochistan, Quetta, has desired that since financial implications are involved, therefore the Government may be approached to provide above required fund in the current financial year i.e, 2009-2010 and also to include the same in the next budget, 2010-2011.
' I am, therefore, directed to request you to kindly accord approval/allocate funds for the grant of Special Judicial allowance equal to three times of the initial substantive pay in favour of the above categories of . Staff members of the Establishment of High Court of Balochistan, Quetta by issuing necessary Notification ' An early action shall be highly appreciated.
(Sd.)
(ZAHEER-UD-DIN KAKAR)
REGISTRAR.
' With reference to above letter another letter No,560/Accounts/2010 dated 10th June, 2010 was addressed by Registrar, High Court of Balochistan to Secretary, Government of Balochistan, Finance Department, which is quite relevant wherein request for allocation of funds for grant of Special Judicial Allowance w.e.f, 1-7-2007 and inclusion of said allowance in the next years budget was made. The letter in extenso is reproduced herein'below:--- "Subject:- GRANT OF SPECIAL JUDICIAL ALLOWANCE EQUAL TO THREE TIMES OF THE INITIAL OF SUBSTANTIVE PAY SCALE TO. THE MEMBERS OF ESTABLISHMENT OF HIGH COURT OF BALOCHISTAN.
I am directed to refer to the subject cited above and to say that consequent upon, sanction of subject allowance to the Establishment of the Hon'ble Supreme Court of Pakistan and Establishment of Lahore High Court vide Government of Pakistan, Ministry of Law, Justice and Parliamentary Affairs, Islamabad letter No,F.4( 1)/2008-A. II dated 3-3-2010, and Government of the Punjab, Finance Department Lahore letter No,F.D.SR-1-9-1/99 dated 4-8-2009 (copies attached); to keep harmony and equality in pay and allowances, this Court also moved reference vide Letter No,354/Account-2010 dated 22-4-2010 (copy enclosed) for allocation of funds for the grant of Special Judicial Allowance equal to three times of the initial substantive pay in favour of the establishment of High Court of Balochistan with effect from 1-7-2009, but unfortunately the same have been refused on the ground of financial crises, with further assurance to consider the proposal as and when the financial position is improved. ' it is highly imperative to point out that by the time the Government of Sindh, Finance Department, Karachi vide office. Memo No,FD (SR-III)5/4-2009(A ), has also allowed Special Judicial Allowance equal to three times (copy enclosed).
' I am, therefore, once again requesting you to allocate the required funds i,e. Rs,91,072,800 and also include the said allowance in the next years budget of this Court, so that the disparity in allowances amongst the High Court Establishment is removed.
(Sd.)
(ZAHEER-UD-DIN KAKAR) REGISTRAR.
Copy to:- The Secretary, National Judicial (Policy Making) Committee, Supreme Court Building, Islamabad.
' The above reproduced letter makes it crystal clear that the Chief Justice has granted approval for Special Judicial Allowance equal to three times of the initial substantive pay scale to the Members of Establishment of High Court of Balochistan w.e.f, 1st July, 2009, as such; objection with regard to lack of approval by the Chief Justice has no force.
' It may be noted that payment of Special Judicial Allowance was made to the Members of Establishment of High Court of Balochistan with effect from 1st January, 2011 instead of 1st July, 2009 on the sole ground of financial constraint. In such circumstances instant petition remained pending for grant of arrears of the Special Judicial Allowance with effect from 1st July, 2009 as granted to the Members of Establishment of Supreme Court of Pakistan, Federal Shariat Court and High Courts of other Provinces.
7. In spite of the fact that all the Members of Establishment of Hon'ble Supreme Court, Federal Shariat and High Courts of other Provinces have been granted the said allowance with effect from 1st July, 2009 refusal of same to Members of Establishment of High Court of Balochistan w.e.f, 1st July, 2009 will amount to a discriminatory treatment in violation of Article 25 of the Constitution as different treatment for persons similarly circumstanced would be unjustified and such discrimination will be without rational and reasonable classification. Such unreasonable or arbitrary classification is contrary to the spirit of Article 25 of the Constitution.
8. We are conscious of the fact that equal protection of law does not envisage that every citizen is to be treated alike in all circumstances but it contemplates that persons similarly situated or similarly placed are to be treated alike. Though reasonable classification is permissible but it must be founded on reasonable distinction or reasonable basis. In this regard reliance is placed on the judgment Brig. (Recd.) F.B. Ali and another v. The State reported in PLD 1975 SC 506 wherein it was held: "Equal protection of the laws does not mean that every citizen, no matter what his condition, must be treated in the same manner. The phrase 'equal protection' of the laws means that no person or class of persons shall be denied the same protection of laws which is enjoyed by other persons or other class of persons in like circumstances in respect of their life, liberty, property, or pursuits of happiness. This only means that persons, similarly situated or in similar circumstances, will be treated in the same manner. Besides this, all law implies classification, for, when it applies to a set of circumstances, it creates thereby a class and equal protection means that this classification should be reasonable. To justify the validity of a classification, it must be shown that it is based on reasonable distinctions or that it is on reasonable basis and rests on a real or substantial difference of distinction."
' In another case I.A. Sharwani v. Government of Pakistan reported in 1991 SCM R 1041 following principles were deduced:---
(i) that equal protection of law does not envisage that every citizen is to be treated alike in all circumstances, but it contemplates that persons similarly situated or similarly placed are to be treated alike;
(ii) that reasonable classification is permissible but it must be founded on reasonable distinction or reasonable basis;
(iii) that different laws can validly be enacted for different sexes, persons in different age groups, persons having different financial standings, and persons accused of heinous crimes;
(iv) that no standard of universal application to test reasonableness of the classification can be laid down as what may be reasonable classification in a particular set of circumstances, may be unreasonable in the other set of circumstances;
(v) that a law applying to one person or one class of persons may be constitutionally valid if there is sufficient basis or reason for it, but the classification which is arbitrary and is not founded on any rational basis is no classification as to warrant its exclusion from the mischief of Articles 25;
(vi) that equal protection of law means that all persons equally placed be treated alike both in privileges conferred and liabilities imposed; (vii)that in order to make a classification reasonable, it should be based---
(a) on an intelligible differentia which distinguishes persons or things that are grouped together from those who have been left out;
(b) that the differentia must have rational nexus to the object sought to be achieved by such classification.
' Nothing has been brought on record by the respondents/ Government of Balochistan to justify that refusal of Special Judicial Allowance to the Members of Establishment of High Court of Balochistan with effect from 1st July, 2009 is based on reasonable classification. The only contest put forth by the respondents in refusing payment of said allowance to the Members of Establishment of High Court of Balochistan with effect from 1st July, 2009 was the financial constraint which, in our view has no force as protection of Article 121 of the Constitution of Islamic Republic of Pakistan, 1973 is available to the Members of Establishment of High Court of Balochistan which inter alia provides that the administrative expenses, including remuneration payable to the officers and servants of the High Court shall be expenditure charged upon the Provincial Consolidated Fund. The Special Judicial Allowance having been found admissible to the Members of Establishment of High Court of Balochistan becomes. a charge on the Provincial Consolidated Fund. In this regard we are fortified by the dictum laid down in case of "Mubarak Ali Khan v.
Government of Punjab reported in 1990 CLC 136 (Lahore)". The said judgment was challenged before the Hon'ble Supreme Court. The Hon'ble Apex Court upheld the judgment in PLD 1993 SC 375.
Relevant observations from former judgment read as under:- "There is no force in the stand taken by the Provincial Government as reflected in the statement dated 23-10-1989 of the learned Advocate-General that they are unable to grant the impugned allowance to the petitioners in view of the financial constraints. Suffice it to say that protection of Article 121 of the Constitution is available to the petitioners, which inter-alia provides that the administrative expenses, including the remuneration payable to officers and servants of the High Court shall be expenditure charged upon the Provincial Consolidated Fund. This being so, the impugned allowance having been found admissible to the officers and servants of the High Court, it becomes a charge on the Provincial Consolidated Fund.
9. With regard to the contention of respondents regarding financial constraints, it may further be observed that such a question is irrelevant when we are adjudicating on the effects of the fundamental rights guaranteed by the Constitution nor inconvenience can be allowed to override the Constitutional provisions guaranteeing fundamental rights to all citizens of Pakistan. Reliance is placed on the judgment reported in PLD 1957 Quetta page 1. Relevant observations there from are reproduced hereinbelow:--- "I recognize that this decision may cause difficulties to the administration in Balochistan area where I understand that a sufficient number of judicial tribunals does not exist nor is adequate machinery for police investigation of criminal cases in existence. Such consideration, however would be irrelevant when we are adjudicating on the effects of the fundamental rights guaranteed by the Constitution. The remedy lies obviously with the legislature or with the executive authorities who can make good the deficiencies of the administration. The argument of inconvenience, cannot be allowed to override the Constitutional provisions guaranteeing fundamental rights to all citizens of Pakistan.
' Similar in case of Accountant-General Punjab and another v. Ch. Qadir Bakhsh and another PLD 1983 Lahore page 246 it was held as follows:--- "Decision of the Government cannot be varied or modified by interpretation by an officer in one of the departments of the Government, even if it be Finance. If it were possible that the decision of the Government can be so construed by any official of any of the departments of the Government, contrary to the express and explicit language of the decision of the Government, the Government would obviously then not be relied upon by citizens and they will have to look to the officials who are designated as civil servants. Then servants will be masters and not the Government of the day. The whole thing will go topsy-t-turvy. Such construction as advanced by the learned counsel for the appellants will play havoc. It is without merit altogether.
' In view of what has been discussed hereinabove we are of the view that the petitioners have made out a case for grant of Special Judicial Allowance equal to three times of the initial of the substantive pay scale with effect from 1st July, 2009 instead of 1st January, 2011, as such, the instant petition is allowed declaring that the deferment/refusal of the arrears of the Special Judicial Allowance to the Members of Establishment of High Court of Balochistan w.e.f, 1st July, 2009 on the ground of financial constraints being discriminatory is violative of Articles 25 of the Constitution of Islamic Republic of Pakistan, 1973. The Members of Establishment of High Court of Balochistan are entitled to the Special Judicial Allowance equal to three times of the initial substantive pay scale with effect from 1st July, 2009. Consequently Writ is issued in favour of petitioners against the respondents and the respondents are directed to pay Special Judicial Allowance equal to three times of the initial of the substantive pay scale to the Members of Establishment of High Court of Balochistan with effect from 1st July, 2009 and notification be issued accordingly.
' Petition stands allowed.
' This will constitute the reasoning of our short order dated 8th June, 2011.