LAHORE, Feb 27: Lahore High Court judge Justice Nasir Saeed Sheikh on Wednesday overruled an objection which declared non-maintainable a petition moved by district judiciary employees seeking “special judicial allowance” that is being given to their high court colleagues.

Abdul Malik and others filed the petition through lawyer Azhar Siddique, contending the subordinate judiciary staff in Punjab was performing the duties similar to the employees of Lahore High Court.

The counsel said the petitioners were entitled to be dealt equally with LHC staff members in accordance with the spirit of law as envisaged by Article 4 of the Constitution, being employees of the same province.

He pointed out the special judicial allowance, equal to three times of initial substantive pay, in addition to judicial and utility allowances, had been allowed to judges in district judiciary and also to the LHC staff. But, the same had not been extended to the petitioners working in Punjab subordinate judiciary, he contended.

The counsel argued that the petitioners and their colleagues were dealing with a heavy quantum of work that was more than their counterparts in the LHC handled. He further argued that the objection put up by the registrar’s office to the petition was illogical as the matter pertained to the interpretation of Articles 203 and 240 of the Constitution.

He requested the court to remove the office objection and admit the petition for regular hearing.

Justice Sheikh removed the objection and directed the office to fix the petition before any appropriate bench.

Objection upheld

Lahore High Court Chief Justice Umar Ata Bandial on Wednesday upheld registrar’s office objection to a petition challenging additional charge of Pakistan International Airline’s chairman given to Defence Secretary Lt-Gen (retired) Asif Yasin Malik.

During the first hearing of the petition, the chief justice observed that President of Pakistan could not be made a party to the petition and asked the petitioner’s counsel to file an amended plea.

Advocate Saleem Khan had challenged the additional charge of PIA chairmanship given to Gen Malik, citing a Supreme Court judgment under which, he said, two administrative offices could not be held by one officer simultaneously.

He said Gen Malik was already holding office of defence secretary and in addition to it he was given charge of PIA chairman by President Asif Zardari. He prayed to the court to set aside the appointment of Gen Malik as PIA chairman being illegal and unconstitutional.

Adjourned

The LHC chief justice on Wednesday adjourned hearing of a petition seeking disqualification of Khan Muhammad Jahanzeb Khan Khichi, the newly-elected MPA in by-election held in PP-239 of Vehari.

A defeated candidate of PPP, Imran Khan Khichi, challenged the eligibility of the returned candidate, Jahanzeb Khan Khichi. The petitioner alleged the respondent being a bank loan defaulter did not meet the criteria prescribed under Articles 62 and 63 of the Constitution to become a member of an assembly.

The petitioner prayed to the court to declare the respondent MPA ineligible for the assembly seat.

The CJ heard initial contention and deferred hearing till Thursday (today).