LEGAL SHORTHAND PASSAGE FROM SINDH HIGH COURT JUDGMENT DATED 24.07.2020 Part-IX
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Total Words= Dated: 28/12/2020 @PSTC Academy, Peshawar
Prepared by: M Junaid Khan, SS Stenographer, Civil Secretariat, KP Peshawar.
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PASSAGE ENGLISH TEXT
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Despite of these omissions, we are constrained to
appreciate the elected Government of Khyber Pakhtunkhwa for agreeing to the
negotiated formula, without much reluctance, initially exhibited by the
Administrative Secretaries and their Advisors. In our view, probably, the
Chief Executive of the Province, the head of elected government, was
improperly briefed rather misguided by vested interest, however, when the
ground realities were discovered, the agreed formula/settlement was thus
materialized.  2. As
the petitioners and others alike have worked hard day and night for more than
two years for longer duration much beyond the office working hours required
by the law, but they were not compensated, therefor, in the circumstances, it
is highly justifiable to grant the petitioners and others alike, including
the establishment / staff of the High Court one year arrears of the enhanced
Special Judicial Allowance on the pattern and in the manner elaborately
mentioned in our short order of the even date which shall be treated as part
of this detailed judgment. The same is reproduced below for the sack of
convenience:-- "For the detailed reasons to be recorded
later, this petition is partially allowed. The respondents (Provincial
Government of Khyber Pakhtunkhwa) is issued a writ, directing it to pay
Special Judicial Allowance on the basis of one initial basic pay plus 50% of
running basic pay with arrears of one initial pay but from 1st July, 2009 to
all the Judicial Officers of the District Judiciary including those working
on ex-cadre posts which shall include the District and Sessions Judges,
Additional District and Sessions Judges, Senior Civil Judges/ Special
Magistrates and all Civil Judges/Magistrates working under the control and
jurisdiction of the Peshawar High Court, Peshawar. 3. Similarly,
the Establishment of the Peshawar High Court, Peshawar is also granted the
same relief as is allowed through this order to the Judicial Officers
referred to above and in the same manner/way. 4. Keeping
in view the plea of financial constraints of the Provincial Government, we
further direct that the arrears from 1st July, 2009 to 30th June, 2010 shall
be paid in two installments, i.e. the 1st one shall be paid along with the
monthly salary of August, 2010 in the first week of September, 2010 and the
second half of the amount/installment be paid in the 1st week of January,
2011 with the monthly pay of December, 2010. |