| Citation(s) |
|---|
| 2021 SLG 2862 2021 SLD 2862 2021 PLC 1439 |
Supreme Court of Pakistan
Civil Appeals Nos. 1134 to 1160 of 2020 (Against judgment dated 25.11.2019 of Federal Service Tribunal, Islamabad passed in Appeals Nos. 1200(R)CS of 2018 and others) AND Civil Petitions Nos. 139-L to 144-L of 2021 (Against judgment dated 19.10.2020 o
Present: Gulzar Ahmed, C.J. and Ijaz ul Ahsan, J
Khalid Ismail, Advocate Supreme Court for Appellants (in C.As. Nos. 1134 - 1153 of 2020 and C.Ps. Nos. 139-L-144-L of 2021). M. Ikram Sheikh, Advocate Supreme Court for Appellants (via video link from Lahore in C.As. Nos. 1154-1160 of 2020 and C.Ps. Nos.
Civil Appeals Nos. 1134 to 1160 of 2020 (Against judgment dated 25.11.2019 of Federal Service Tribunal, Islamabad passed in Appeals Nos. 1200(R)CS of 2018 and others) AND Civil Petitions Nos. 139-L to 144-L of 2021 (Against judgment dated 19.10.2020 o
Present: Gulzar Ahmed, C.J. and Ijaz ul Ahsan, J
Khalid Ismail, Advocate Supreme Court for Appellants (in C.As. Nos. 1134 - 1153 of 2020 and C.Ps. Nos. 139-L-144-L of 2021). M. Ikram Sheikh, Advocate Supreme Court for Appellants (via video link from Lahore in C.As. Nos. 1154-1160 of 2020 and C.Ps. Nos.
ABDUL HAMEED and others
VS
WATER AND POWER DEVELOPMENT AUTHORITY through Chairman, Lahore and others
Law: Constitution of Pakistan, 1973
Section: 199,185(3)
(a) Civil service--- ----Special WAPDA allowance---Category of employees entitled to the allowance and date from which such allowance took effect---Policy matter---Non-interference by superior Courts---Scope---Water and Power Development Authority (WAPDA) allowed allowance in question for Graduate Engineers (BPS-17) and above with effect from 20.2.2009---Said allowance was subsequently also allowed for Scientific Cadre Officers (appellants and the petitioners), with immediate effect from 26.11.2013---Appellants and petitioner contended that they should also be given the allowance in question with effect from 20.2.2009---Held, that respondent-authority (WAPDA) had to evaluate its fiscal capacity and could not simply dole out allowances at any date and time, and, at the whims of anyone who may feel aggrieved of an order which was otherwise properly passed by an authority competent to do so---Respondent-authority had the prerogative to ascertain which class of employees should receive additional allowances and from which date---Such decision would obviously depend on various factors including available financial resources, nature of job of the employees and reasons to allow additional incentives to a certain class of employees --- In the present case, respondent-Authority (WAPDA) vide office order dated 20.2.2009, accorded approval for the allowance to be paid to Graduate Engineers in BPS-17 and above, with immediate effect---Said allowance was clearly and obviously only meant for graduate engineers, as specified in the office order---As such, the claim of the appellants and the petitioners that they should (also) have been granted the allowance from 20.2.2009 was untenable because none of them were graduate engineers---Internal working of the respondent-authority (WAPDA) was an administrative and executive function in the domain of policy and unless an illegality or violation of rules and regulations could be shown, non-interference by the Courts was the norm---Grant of allowance being a policy matter could not be interfered with---Appeals and petitions for leave to appeal were dismissed. Government of Punjab through Secretary Education, Civil Secretariat Lahore…
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