ORDER WITH THE SIGNATURE OF THE JUDGE

1. For orders on C.M.A. No. 8424/2012

2. For hearing of C.M.A. No. 3573/2012

26.04.2012

Mr. Khaleeq Ahmed, advocate for the petitioner.

Mr. S. Ashiq Raza, D.A.G.

1. Granted.

2. Through this application, the petitioner has complaint non-compliance of Judgment dated 24.5.2011 in terms whereof the respondents Provincial/Federal Government was directed as follows :-

1. The Government of Sindh is directed to pay Special Judicial Allowance equal to three times of the initial of their substantive pay scale (as allowed in Province of Punjab through notification dated 12.8.2008) with effect from 01.3.2010 when such allowances were extended to Servants and Employees of the High Court Establishment. (Through Notification dated 02.4.2010 by the then Hon’ble Chief Justice of High Court of Sindh ) to all the Judicial |Officers of the District Judiciary including those working on ex-cadre posts, which shall include the District & Sessions Judges, Additional District & Sessions Judges, Senior Civil Judges, all Civil Judges and Judicial Magistrates working under the control, superintendence, and within the territorial jurisdiction of the High Court of Sindh per Article 203 of the Constitution, 1973.

2. Similarly, the employees and servants of establishment of Subordinate Judiciary/District Judiciary (Sindh Judicial Service) and that of Courts and Tribunal established under Federal or Provincial law, which are under the control, superintendence, of High Court of Sindh and functioning and discharging duties within the territorial jurisdiction of the High Court of Sindh per Article 203 of the Constitution, 1973 are also ranted the same relief as is allowed through this order to the Judicial Officers referred to in para 1 above and in the same manner.

3. In view of financial constraints of the Provincial Government of Sindh, we would direct that the arrears to the judicial officers of District Judiciary including judicial officers discharging judicial function/duty in Court/Tribunal established under either Federal or Provincial law with effect from 1^st March 2010 to 30^th June, 2011 shall be paid in monthly installment together with and in addition with the monthly salary with effect from 1^st January 2012 till such time entire arrears with effect from 01.3.2010 are totally set off.

4. Government of Sindh and Government of Pakistan are also directed to take steps and initiate such legislative measures as may be necessary to empower High Court of Sindh and or the Chief Justice of High Court of Sindh to fix and determine the pay scale of members of Sindh Judicial Service including Judicial officers and servant and employees of Sindh Judicial Service in consonance with Article 203 and other enabling Articles of the Constitution of Pakistan and as per direction given in the case of Government of Balochistan v. Azizullah Memon, PLD 1993 SC 341 to fully secure financial independence and separation of judiciary from executive.

5. Government of Sindh and Government of Pakistan are further directed to take such steps and legislative measures as may be necessary to empower High Court of Sindh and or the Chief Justice of High Court of Sindh to appoint, determine terms and conditions of employment, emolument, disciplinary proceedings removal from service and other incidental power and authority as regard Presiding Officers, servant and employees of Courts and Tribunals established under the Provincial and Federal Laws in consonance with Article 203 and in implementation of Article 175(3) o the Constitution of Pakistan, which are under the control and superintendence of High Curt of Sindh and are functioning and discharging duties within the territorial jurisdiction of the High Court of Sindh as per Article 203 of the Constitution, 1973 and as per direction given in the case of Mehram Ali and others v. Federation of Pakistan and others PLD 1998 SC 1445 and in case of Government of Balochistan v. Azizullah Memon, PLD 1993 SC 341.

6. Registrar High Court of Sindh is directed to intimae Government of Sindh and Government of Pakistan to take immediate steps for the implementation and compliance of above orders/directive.

Mr. S. Ashiq Raza, learned D.A.G. submits that a petition for leave to appeal against the said judgment is pending before the Hon’ble Supreme Court. He however, frankly concedes that Federal Government has not been able to obtain any order for suspension of the operation of the judgment.

In the similar circumstances, on 05.4.2010 we have granted five weeks’ time to the Government of Sindh for endeavoring to obtain an order for suspension of the operation of above judgment and to continue to make monthly payments in terms of the judgment regularly. In the order dated 05.4.2012 It is also noted that in case the Government of Sindh fails to obtain orders from the Hon’ble Supreme Court, the subject judgment shall be implemented in toto and the arrears accumulated in terms of such judgment shall be paid to the employees without any loss of time.

We would, therefore, dispose off the present application in the foregoing terms.

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice M.Shafi Siddiqui/26.4.2012\zahid