Sindh govt told to either release special judicial allowance amount or seek stay order from SC

The Sindh High Court has directed the provincial government to either release the amount of the special judicial allowance to all the cadres of the SHC, its benches and circuit courts or obtain a restraining order from the Supreme Court against the SHC judgment that ordered the government to comply it within two months.

The direction came on a contempt of court application filed by high court employees that sought implementation of the SHC’s June 21, 2024 order which directed the government to unfreeze and release the amount of the special judicial allowance to all the cadres of the SHC, its benches and circuit courts within two months.

A division bench headed by Justice Mohammad Karim Khan Agha observed that the Sindh government has been granted time to move an urgent application for obtaining a stay order against the SHC’s order; however, as per the statement of the law officer the applications of the government for an urgent hearing have not materialized.

The court observed that it is the obligation of the Sindh government to either comply with the orders of the court as a contempt application has been filed against the chief secretary and others for non-compliance with the court orders.

The court granted further time to the government to either comply with the SHC’s order and release the amount of special judicial allowance to all the cadres of the SHC, its benches and circuit courts or obtain a restraining order from the Supreme Court against the SHC judgment.

It observed that in case the government fails to obtain a stay order from the Supreme Court or release the funds for the special judicial allowance, the court will be compelled to issue contempt of court notices to the chief secretary, secretary finance and secretary law on the next date of hearing.

The SHC had earlier set aside the Sindh government’s office memorandum and decision of the provincial cabinet with regard to the freezing of the judicial allowance of the high court and its subordinate judiciary employees and directed the government to unfreeze and release the amount to all the cadres of the SHC, its benches and circuit courts within two months.

The high court employees had filed a petition that asked the SHC to issue an order to the provincial government to notify a former chief justice’s directive for unfreezing the special judicial allowance for all cadres of officers and staff of high court and subordinate courts with effect from July 1, 2016.