PESHAWAR: The Peshawar High Court (PHC) on Tuesday sought reply from the provincial government in a writ petition, challenging the government notification allowing salary and other allowances of Khyber Pakhtunkhwa advocate general admissible to a high court judge with effect from July 2016.
A division bench comprising Chief Justice Yahya Afridi and Justice Ijaz Anwar issued notice to provincial government through secretary law and advocate general, Khyber Pakhtunkhwa, to submit reply and explain position.
The court issued the notice in a writ petition of Peshawar-based senior lawyer and former deputy attorney general Muhammad Khurshid Khan. He sought the court order to declare the notification unlawful and void. “In pursuance of the provisions contained in Article 140 of the Constitution, the governor of Khyber Pakhtunkhwa, in supersession of Khyber Pakhtunkhwa Law, Parliamentary and Human Rights Department dated March 10, 2014, is pleased to revise terms and conditions of Abdul Latif Yousafzai, advocate general, and allow salary, allowances, privileges, benefits and perks as admissible to a judge of Peshawar High Court with effect from July 1, 2016,” stated the notification issued by the Khyber Pakhtunkhwa Law, Parliamentary and Human Rights Department on August 21 this year. The notification stated that the governor was further pleased to allow a senior advocate allowance of Rs200,000 per month to the above officer with effect from July 1, 2016.
“The above mentioned package shall be person specific to the incumbent advocate general and shall be deemed to have [been] withdrawn after Abdul Latif Yousafzai vacated the office,” the notification stated.
The petitioner submitted that the government had issued the notification only for the advocate general, while it did not raise the salaries and allowances of other law officers in the Advocate General office.
He also said Khyber Pakhtunkhwa was a poor province and its Advocate General had become the only law officer in Pakistan, getting salary and allowances equal to a high court judge.
