Law: Service Tribunals Act, 1973

Section: 3(3)(b),3(4)

Service Tribunals Act (LXX of 1973)--- ----Ss.3(3)(b) ,  3(4)---Member of Federal Service Tribunal (FST)---Judicial allowance, entitlement to---Although members of the Federal Service Tribunal (FST) performed judicial functions; and the orders passed by the said Tribunal were appealable before the Supreme Court; however, the petitioner was appointed for a fixed period of three years as a Member, FST---Petitioner had not been a judge of the subordinate or the superior judiciary ---Grant or withdrawal of an allowance was the prerogative of the Authority which determined the terms and conditions of the appointment of an incumbent---Any employee did not have a vested right for the payment of allowance---Even if an allowance was granted, the same could be withdrawn by the competent authority---Constitutional petition was dismissed. Mohammad Shabbir Ahmad Nasir v. Secretary, Finance Division 1997 SCMR 1026 and Employees Welfare Association, B.I.S.E., Daira Ghazi Khan v. Government of the Punjab 2002 PLC (C.S.) 163 ref. ORDER: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through the instant writ petition, the petitioner, Muhammad Javed Iqbal Kasi, who is a Member of the Federal Service Tribunal, seeks a direction to the respondents to grant/pay him judicial allowance with effect from the date he assumed the charge of the said post. 2. Learned counsel for the petitioner submitted that vide notification dated 06.11.2014, issued by respondent No.3, the President of Pakistan, in exercise of the powers conferred by Section 3(4) of the Services Tribunal Act, 1973, appointed the petitioner as a Member of the Federal Service Tribunal for a period of three years; that as per the said notification, the petitioner was entitled to such pay, allowances and perquisites as may be prescribed from time to time; that on 10.11.2014, the petitioner assumed charge of the said post; that on 21.05.2015, the petitioner submitted a representation to respondent No.3 for judicial allowance to be paid to the petitioner; that the Service Tribunals performed judicial functions, in order to manage, control, and regulate proceedings in accordance with the law relating to Courts in Pakistan; that…

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