Law:

Section:

Use of Staff Cars Rules, 1980Rr. 2(x) & 5(ii)Free use of staff carEntitlementFree use of staff car for official as well as private use was denied to civil servant who was officer of Secretariat Group in BPS22 on ground that he was not "entitled officer"Civil servant who was posted as officer on Special Duty (O.S.D.) in Establishment Division, neither was suspended nor any disciplinary proceedings were pending against himCivil servant who was being paid full emoluments of BPS22 post, could not be denied benefit of free use of staff carCivil servant being an "entitled officer" borne on sanctioned strength of Establishment Division, was entitled to free use of staff car for official and private purposeEstablishment Division, could not absolve itself from its liability and those of perquisites which were attached to officer of BPS22. JUDGMENT MUHAMMAD ISMAIL KHASKHELY (MEMBER)Appellant Mr. Rafiq Inayat Mirza, who was an officer of the Secretariat Group in BPS22, has preferred this appeal with the following prayer: "direct the Government of Pakistan through the Establishment Division to reimburse to the appellant full expenses of the capital cost, depreciation, registration, POL, service and all other maintenance expenses of his personal car or to provide any other suitable relief, say, a realistic car allowance of Rs.2,000 p.m. in keeping with the present cost of maintenance of a car for six months from January, 1985 to June, 1985." 2. Briefly, the facts of the case are that the appellant was appointed as Officer on Special Duty (OSD) on 1861984 in the Establishment Division and remained as such till 171985, whereafter he was posted as Secretary, Ministry of Local Government and Rural Development. He claimed free use of staff car for official as well as private use, under the Rules for the use of Staff Cars, 1980." His request was declined on the ground that he was not entitled to the benefit as he was not `Entitled Officer'. He submitted an appeal to the President on 1261985. He did not receive any reply and after expiry of 90 days waiting period, he filed this appeal on 10101985. 3. This appeal was heard on 3181988 by a Bench consisting of the Chairman (Mr.…

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