Muhammad Yousaf vs Secretary To Govt, Of The Punjab Finance
This matter concerns a petition for leave to appeal against a judgment of the Punjab Service Tribunal, which dismissed the petitioner's claim for the enhancement of a special allowance. The petitioner, an Agricultural Officer, had been receiving a fixed special pay of Rs. 150 per month. Following a government notification dated 22.10.2001, which revised pay scales and fringe benefits, the petitioner sought to have his fixed special pay enhanced based on the provisions of the notification. The core legal question was whether a fixed special allowance falls within the scope of the revision policy, which specifically addressed special pays and allowances sanctioned as a percentage of pay. The Supreme Court upheld the interpretation of the Finance Department and the Tribunal, holding that the revision policy was inapplicable to fixed allowances. The Court determined that because the petitioner's allowance was a fixed amount rather than a percentage of his pay, the specific provisions of the notification did not apply. Consequently, the petition was dismissed, and leave to appeal was declined.
- Does a government notification revising special pays and allowances expressed as a percentage of pay apply to fixed special allowances?
- Is a fixed special allowance entitled to enhancement under a policy specifically targeting percentage-based allowances?
KARAMAT NAZIR BHANDARI. J.-- By its judgment dated 28.11.2002, Punjab Service Tribunal, Lahore dismissed 12 appeals involving common question Of law. Only Muhammad Yousaf one of the appellants before the Tribunal is soliciting leave to appeal from the judgment of the Tribunal.
2. The petitioner as an Agricultural Officer in the Agriculture Department was originally placed in NPS-18. Later on, Government of Punjab vide their letter No. F.D. OC-14-1/78, dated 15.2.1978 upgraded these posts to NPS-17 and also allowed special pay of Rs.150/- per month to the employees holding supervisory posts in the Agriculture Department. The petitioner enjoyed the up- gradation to NPS-17 as also special pay of Rs.150/- p.m. Vide letter No. FD-PC-2- 1/2001, dated 22.10.2001, the Government of Punjab - revised pay scales and fringe benefits. The revision provision for special pays/allowances reads as follows:-
(15) "All the Special "pays and allowances admissible on certain posts as percentage of pay are revised subject to the following limits:
(a) Special, pays / allowances sanctioned @ .Rs.20% and above of pay. On existing rates subject, to a maximum of Rs.2000/- p.m.
(b) Y Special pay/ allowances sanctioned @ 10% - 19% of pay. On existing rates subject to a maximum of Rs. 1 500/- p.m.
(c) Special pay/ allowances sanctioned @ 5% - 9% pay. . 4.
On existing rates subject to a maximum of Rs.1000/- p.m."
The case of the petitioner is that his special pay of Rs.150/ be also enhanced in terms of above paragraph. This claim was not implemented by the District Accounts Officer and thereafter to the Accountant General, Punjab. The Finance Department also took the view that as the petitioner has been drawing fixed special allowance, his case was not covered by the provision of para 5, reproduced above.
3, Petitioner appearing in-person in support of this petition has attacked the above interpretation as incorrect. After hearing the petitioner at some length, we tend to agree with the view taken within the department as also by the Tribunal. Since the petitioner was drawing, a fixed amount as special allowance, as distinguished from percentage of pay, para 5 of the letter dated 22.10.2001 is not attracted.
4. This petition is without merit and is hereby dismissed. Leave is declined.