1802/2019 Const. P. Ghulam Hussain Khokhar and Ors (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 05-MAY-25
In Registrar, Supreme Court of Pakistan v. Qazi Wali Muhammad (1997 SCMR 141), the Supreme Court reiterated its stance from Government of Punjab v. Mubarik Ali Khan (PLD 1993 SC 375). In Mubarik Ali Khan, case the Court held that High Court employees are not civil servants under the Civil Servants Act because the legislature has no role in determining their terms and conditions, ensuring judicial independence as per the Constitution. The Court in Qazi Wali Muhammad noted this exclusion. Applying this analogy, the Sindh High Court suggests treating High Court establishment employees and the Advocate General's Office employees similarly in terms of their connection to the administration of justice. While Advocate General's Office employees are civil servants (the office being constitutional under Article 140), their function is to assist the High Court. However, this view is tentative, based on the Sindh High Court's earlier decision in Amanullah Khan Yousufzai (allowing judicial allowance to the Advocate General's Office). The Sindh High Court has not differentiated between these two sets of employees while granting the simmiler relief, unless the Supreme Court overturns the Amanullah Khan Yousufzai decision.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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