| Citation(s) |
|---|
| 2008 SLG 1309 2008 SLD 1309 2008 PLC 802 |
Federal Service Tribunal, Islamabad
Appeals Nos.352(R)(C.S.) to 360(R)(C.S.) and 362(R) to 522(R), 671(E)(C.S.) to 677(R)(C.S.) of 2005, decided on 21st January, 2008, Date of hearing: 15th January, 2008.
, JUSTICE (R) TANVIR BASHIR ANSARI, CHAIRMAN AND ZAHEER AHMED, MEMBER
Rao Fazal Khan Akhtar for Appellants.
Appeals Nos.352(R)(C.S.) to 360(R)(C.S.) and 362(R) to 522(R), 671(E)(C.S.) to 677(R)(C.S.) of 2005, decided on 21st January, 2008, Date of hearing: 15th January, 2008.
, JUSTICE (R) TANVIR BASHIR ANSARI, CHAIRMAN AND ZAHEER AHMED, MEMBER
Rao Fazal Khan Akhtar for Appellants.
IMTIAZ ALI and 176 others
VS
SECRETARY, MINISTRY OF DEFENCE (DEFENCE DIVISION), RAWALPINDI and another
Law: Secretariat Allowance (Rescission of Orders, Etc) 130 Ordinance, 2000
Section: 2
Law: Service Tribunals Act, 1973
Section: 4
(a) Secretariat Allowance (Rescission of Order etc.) Ordinance (XXII of 2000)--- ----S. 2---Service Tribunals Act (LXX of 1973), S.4---Grant of secretariat/personal allowance---Rescission of allowance---Appeal---Scope and extent of Secretariat Allowance (Recession of Order etc.) Ordinance, 2000---Federal Government, vide Finance Divisions O.M dated 1-7-1988, sanctioned secretariat allowance at the rate of 20% of basic pay to the Federal Government employees working in the Federal Secretariat---Said facility was extended to the employees of the attached departments as well --Secretariat allowance later on was abolished and was converted into Personal Allowance---Subsequently President promulgated Secretariat Allowance (Rescission of Order etc.) Ordinance, 2000 on 30-3-2000 whereby said Secretariat/Personal Allowance was abolished altogether with retrospective effect i.e. 1-7-1988 (date of sanction of said allowance)---Section 2 of Secretariat Allowance (Rescission of Order etc.) Ordinance, 2000, provided that orders, office memoranda, instructions and other instruments whereby Secretariat Allowance was granted, were rescinded, which would be deemed always to have been so rescinded on the 1st July 1988 (date of sanction) and no financial benefit whatsoever except as provided in subsection (2) of S.2 of said Ordinance, would accrue or deemed to have accrued, would be payable thereunder---Such rescission was to be effective notwithstanding any decision of any court including High Court and Supreme Court---Validity---Examination of S.2(1)(2) of Secretariat Allowance (Rescission of Order etc.) Ordinance, 2000, had left no manner of doubt that the intention of said Ordinance was to completely abolish the Secretariat/ Personal Allowance from its very inception---Ab initio abolition of said allowance would not violate any acknowledged principle of law---General principle of retrospectivity as canvassed by the counsel for the appellants/employees was of no avail as express retrospectivity had been provided by Secretariat Allowance (Rescission of Order etc.) Ordinance, 2000. Muhammad Rafique v. Federation of Pakistan PLD 2005 Lah. 150; Raja Shoukat…
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