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The Supreme Court of Pakistan upheld the Principle of Reasonable Classification, affirming that Different Groups could be treated differently if justified by Intelligible Differentia

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The Supreme Court of Pakistan upheld the Principle of Reasonable Classification, affirming that Different Groups could be treated differently if justified by Intelligible Differentia

Islamabad 08-01-2025: The Supreme Court of Pakistan dismissed a series of [Civil Petitions No. 1925 to 2006 of 2024] filed against the judgment of the Khyber Pakhtunkhwa (KPK) Service Tribunal, Peshawar, dated February 12, 2024. The petitions sought parity in the grant of a health allowance to employees of Special Education Centers under the Social Welfare, Special Education, and Women Empowerment Department of KPK, similar to their federally devolved counterparts.

The Petitioners argued they were entitled to the health allowance approved for devolved employees under the 18th Constitutional Amendment. They claimed discrimination in violation of Articles 4 and 25 of the Constitution. However, the Court emphasized that the benefit was explicitly reserved for devolved employees under a provincial notification issued in November 2019, which adhered to earlier Supreme Court of Pakistan rulings.

Mr. Justice Muhammad Ali Mazhar, delivering the judgment, stated that the petitioners, being original employees of the KPK government, could not be equated with devolved employees for the allowance. The Court upheld the principle of reasonable classification, affirming that different groups could be treated differently if justified by intelligible differentia.

The Court highlighted that judicial review of policy decisions is limited and cannot be used to override governmental discretion unless statutory violations or unreasonable actions are evident.

While dismissing the petitions, the Court allowed the petitioners to file a joint representation with the KPK government, seeking reconsideration of the alleged pay disparity. The government was directed to address such representation within three months of filing.

This decision reinforces the precedent that provincial policies addressing employee benefits must adhere to legislative and constitutional frameworks while safeguarding administrative discretion.