Law:

Section:

Civil service-------Both the spouses serving as civil servants---Benefits of service--­Entitlement---If both the spouses were civil servants and performed their functions independently of each other, each of them was entitled to the benefits of service as independent civil servants---Such civil servants should be entitled to all benefits admissible for performing their respective functions separately and independently---Neither just nor reasonable to deprive a civil servant from such benefits for the only reason that his/her spouse had been allotted Government accommodation---Identical benefits should be equally allowed to all civil servants performing functions of identical nature irrespective of the fact whether he resided in an accommodation provided to husband/wife or nearer relatives---Each individual civil servant was entitled to such benefits irrespective of such extraneous and irrelevant consideration. Sh. Riazul Haq for Appellant. Muhammad Munir Awan, Section Officer, Finance Division; Sanaullah Khan, A.A.O., A.G.P.R., Mudassar Aftab, Admn. Officer and Ghayyur Abbas, Assistant for Respondents. Date of hearing: 27th November, 1996. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER). ---The appellant had been serving as Assistant Director-General (BPS-19) in the Department o`' Communication Security under the Cabinet Division. He got his premature retirement with effect from 28-12-1995 and vide an impugned order dated 19-3-1996 the AGPR (respondent No. l), has ordered recovery of Rs.2,34,705.70 from the pension commutation on account of house rent allowance. He field departmental appeal to the respondent No. l on 18-4-1996 which has been rejected vide order dated 18-6-1996. Hence this appeal. 2. The gist of the dispute is that the wife of the appellant was serving in Islamabad College for Girls and a Government residential accommodation was provided to her. The appellant contends that he had not been residing with his wife and that he was maintaining a separate establishment at Rawalpindi in House No.85-D, Jehangir Road, Nadeemabad on account of allergy problems in Islamabad and to look after his aged mother. Allegedly he had intimated this fact to the respondent No.3…

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