KP Police administrative staff not entitled to risk allowance, rules FCC

The Federal Constitutional Court (FCC) in Islamabad ruled on Wednesday that Khyber Pakhtunkhwa (KP) Police administrative staff are not entitled to risk allowance. A two-member bench, consisting of Justice Aamer Farooq and Justice Syed Arshad Hussain Shah, overturned a previous April 10, 2025 order from the Peshawar High Court's Mingora Bench in Swat.

The ruling, authored by Justice Farooq, clarified that a distinction exists between "uniformed police personnel" carrying out active duties with risks and hazards, and administrative/ministerial staff working within the same department under the KP Police Act, 2017, as well as the KP Police Department Ministerial Service Rules, 1974.

The FCC examined whether the respondents, administrative/ministerial staff, qualified as police officials entitled to the allowance under existing laws. The respondents argued that the allowance was granted to other department employees and denying them the benefit amounted to discriminatory treatment, violating Article 25 of the Constitution, which guarantees equality.

However, the FCC dismissed this claim, noting that administrative/ministerial staff have their own set of rules governing their terms and service conditions, which do not include the nature of active police service.

The court emphasized that while Article 25 prohibits discrimination, it does not require treating dissimilar classes equally if their duties and service conditions differ. Administrative/ministerial staff have their own methods of recruitment, eligibility, and service composition, with no requirement for them to perform active police duties.

The FCC concluded that the high court erred by allowing the case based solely on the alleged discrimination without properly considering the respondents' similarity of service functions with other department employees. Consequently, the FCC upheld the denial of risk allowance to the KP Police administrative staff.