ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-2990 of 2015 and C.P.No.D-6306 of 2015.

Date Order with signature of Judge

For hearing of main case.

11.01.2016.

Miss Nazia Siddiqui Advocate for Petitioner in CP.No.D-2990 of 2015.

None present for the petitioner in CP.No.D-6306/2015.

Mr. Sabtain Mehmood A.A.G.

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The petitioner in CP.No.D-2990 of 2015, has sought declaration against the respondents that being Ex. Judge Anti-Terrorism Court, Shaheed Benazirabad w.e.f. 06.10.2008 to 06.05.2011, he is entitled for the arrears of Special Judicial Allowance which has not been paid by the respondents.

The petitioner Abdul Hakeem in CP.No.D-6306/2015, has also sought directions that being Ex. Judge Anti-Terrorism Court, Larkana w.e.f. 10.01.2010 to 10.07.2012, he is also entitled for the arrears of Special Judicial Allowance. Both petitioners have sought directions against respondents for payment of Special Judicial Allowance as calculated by the Additional Registrar of Anti-Terrorism Court. In fact they have lodged their claims in view of dictum laid down in 2011 P L D 451, through which various constitutional petitions were disposed of and directions were given to the respondents for payment of Special Judicial Allowance.

Respondents No.3 and 4 have filed their comments and in paragraph 15, it is clearly mentioned that Finance Department has already agreed to make payment to the Ex. Anti- Terrorism Court, Judges and the department in this regard has already issued letter to the Finance Department, for provision of funds in the relevant heads. We have also seen letters attached with the comments. The letter dated 20.10.2015 was issued by the Section Officer, Finance Department Govt. of Sindh to Registrar, Special Courts Anti-Terrorism. In the table, names of Ex-Judges, the period of arrears and the amounts are mentioned. The name of Agha Ghulam Muhammad Khan Durrani, is mentioned at S.No.4, while the name of other petitioner Abdul Hakeem Brohi, is mentioned at S.No.2. The amount calculated and worked out is also matching / equal to their claims mentioned in both the petitions. One more letter is attached dated 11.11.2015, that was written by Registrar ATC, to the Finance Department, with the request to allocate funds in the head of Special Judicial Allowance so that the payment of Ex- Anti-Terrorism Court Judges, may be made. Both the petitioners are claiming their arrears of Special Judicial Allowance from 2010 but still their claims have not been satisfied despite approaching to the concerned quarters continuously.

When the learned A.A.G was confronted to this admitted position, he requested us to allow reasonable time to ensure the payment to both the petitioners by the respondents.

In view of the above, both the petitions are disposed of with the directions to the respondents to make the payment mentioned in letter dated 20^th October, 2015, to the petitioners within a period of 45 days and submit compliance report to MIT-II of this Court.

JUDGE

Ashfaq.