| Citation(s) |
|---|
| 2018 SLG 705 2018 SLD 705 2018 SCMR 691 |
Supreme Court of Pakistan
C.A. Nos. 1631 to 2112 of 2017, Civil Appeal No. 216 of 2016 and C.A. Nos. 806 to 811 of 2016, decision Date : 17-01-2018. On appeal from the judgments Dated 18.7.2017, 11.1.2016, 05.10.2015 of the Federal Service Tribunal, Islamabad passed in Appeals Nos
UMAR ATA BANDIAL, JUSTICE, IJAZ UL AHSAN, JUSTICE
Sajid Ilyas Bhatti, DAG, Syed Rifaqat Hussain Shah, Advocate-on-Record, Ms. Saadia Kanwal, S.O. Fin. Abid Hussain Channa, S.O. Fin. Sajid Javed, Assistant, Legal Fin. and Abdul Razzaq, AAO MEG Rawalpindi for Appellants (in all cases). Muhammad Ilyas Lodh
C.A. Nos. 1631 to 2112 of 2017, Civil Appeal No. 216 of 2016 and C.A. Nos. 806 to 811 of 2016, decision Date : 17-01-2018. On appeal from the judgments Dated 18.7.2017, 11.1.2016, 05.10.2015 of the Federal Service Tribunal, Islamabad passed in Appeals Nos
UMAR ATA BANDIAL, JUSTICE, IJAZ UL AHSAN, JUSTICE
Sajid Ilyas Bhatti, DAG, Syed Rifaqat Hussain Shah, Advocate-on-Record, Ms. Saadia Kanwal, S.O. Fin. Abid Hussain Channa, S.O. Fin. Sajid Javed, Assistant, Legal Fin. and Abdul Razzaq, AAO MEG Rawalpindi for Appellants (in all cases). Muhammad Ilyas Lodh
FEDERATION OF PAKISTAN THROUGH SECRETARY CAPITAL ADMINISTRATION AND DEVELOPMENT DIVISION, ISLAMABAD AND OTHERS
VS
NUSRAT TAHIR AND OTHERS
Law:
Section:
Career Structure for Health Personnel Scheme Ordinance (VI of 2011)--- ----S. 2(b) & Sched. I---Employees of different institutions functioning under the Directorate General of Special Education---Entitlement to payment of health allowance---Health allowance was allowed to said employees vide certain Office Memoranda ( the Memorandums )---Plea of Federal Government that health allowance was only for employees of a health organization, whereas the employees in question were engaged in the process of education, training and rehabilitation of disabled children and therefore did not fall within the ambit of a health organization; held, that education, training and rehabilitation of disabled persons were services provided in the health sector---Said services fell within the terms of Schedule-I to the Career Structure for Health Personnel Scheme Ordinance, 2011 and therefore the providers thereof qualified as health personnel---Memorandums issued by the Finance Division, Government of Pakistan still held the field in their original terms---Grant of the health allowance and the terms of eligibility to receive the same were determined by the competent authority, i.e. Ministry of Finance in accordance with Rules of Business of the Federal Government---Memorandums were acted upon for a certain period of time before the Finance Division stopped the payment of allowance to the employees in question---Payment of the health allowance to the employees had conferred a vested right upon them, thus, in such circumstances, the Executive was barred by the rule of locus poenitentiae from unilaterally rescinding and retrieving the benefit availed by its recipients---Appeals were dismissed by the Supreme Court and the entitlement of employees of the Directorate General of Special Education, allied institutions/centers, National Council for Rehabilitation of Disabled Persons ( NCRDP ) and National Trust for the Disabled ( NTD ) to receive the health allowance was affirmed. Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407 and The Engineer-in-Chief Branch v. Jalaluddin PLD 1992 SC 207 ref. THIS JUDGMENT PASSED BY: UMAR ATA BANDIAL,…
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