Government of Khyber Pakhtunkhwa, through Chief Secretary, Civil Secretariat, Peshawar and others v. Ihsan Khan and others

Background

Background

FCC rejects KP police ministerial staff’s risk-allowance claim: common departmental service does not establish equal duties, conditions or occupational risks.

The Federal Constitutional Court has rejected a claim by Khyber Pakhtunkhwa Police Department ministerial employees for the risk allowance paid to uniformed personnel performing active policing duties. It held that Article 25 does not require parity between employees whose relevant duties, responsibilities and occupational risks differ materially. Serving the same department was not enough.

Legal questions

Legal questions

Could ministerial police employees claim the uniformed personnel risk allowance merely through departmental affiliation under Article 25?

Court holding

What the Court decided

The notified risk allowance was connected to active policing duties and occupational hazards. Respondents did not establish materially similar work or conditions. The rational distinction between them and uniformed operational personnel did not violate equality.

Final outcome

Final outcome

Petition converted into appeal and allowed. PHC judgment dated 10 April 2025 set aside and respondents’ writ petition dismissed.

Practical effect

What the decision means in practice

Petition converted into appeal and allowed. PHC judgment dated 10 April 2025 set aside and respondents’ writ petition dismissed.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

Key legal principles

Key legal principles

• The notified risk allowance was connected to active policing duties and occupational hazards. Respondents did not establish materially similar work or conditions. The rational distinction between them and uniformed operational personnel did not violate equality.