Key Takeaways
- Federal Constitutional Court ruled that administrative staff of Khyber Pakhtunkhwa police are not entitled to risk allowance.
- Judgement distinguishes between uniformed police personnel and administrative/ministerial staff.
- Court observed that administrative staff have their own set of rules and duties, distinct from those performing active operational duties.
The Federal Constitutional Court (FCC) has ruled that administrative staff of the Khyber Pakhtunkhwa (KP) police are not entitled to a risk allowance, according to a judgement issued on Wednesday. The decision was made by a two-member bench headed by Justice Aamer Farooq and Justice Syed Arshad Hussain Shah.
The case was brought by employees of the KP Police establishment, who claimed that denying them the risk allowance amounted to discriminatory treatment in violation of Article 25 of the Constitution, which guarantees equality. However, the FCC observed that there is a clear distinction between uniformed police personnel performing active operational duties and administrative/ministerial staff.
In its judgement, the bench stated that administrative/ministerial staff have their own set of rules governing their terms and conditions of service, including their method of recruitment, eligibility, and composition of service. The judgement noted, 'Nowhere was it provided that a person appointed as ministerial staff under the rules will be expected to perform active police service.'
The court further observed that while Article 25 of the Constitution prohibits discrimination, it does not prevent reasonable classification based on 'intelligible differentia having a rational nexus to the object.' The FCC noted that while both categories are administratively associated with the police department, they perform different duties and responsibilities.
Justice Farooq's judgement highlighted that uniformed police personnel may be required to perform duties involving physical danger, law and order operations, arrests, raids, security assignments, crime control, and other functions associated with active policing. In contrast, administrative staff perform administrative, clerical, and ministerial functions.
The court concluded that the allowance, which is sanctioned on account of the nature, character, and hazards of a particular duty, cannot automatically be claimed by every employee serving in the same department. The judgement set aside an April 10, 2025, order of the Peshawar High Court’s (PHC) Mingora Bench (Dar-ul-Qaza), Swat, which had granted the police force’s administrative/ministerial staff the benefit.
The decision has significant implications for the KP police force, as it clarifies the distinction between uniformed police personnel and administrative staff, and the specific conditions under which risk allowances can be granted.
