50% HARD AREA ALLOWANCE OF CONTROLLER OF MILITARY ACCOUNTS AND OTHER Versus
ORDER
DR. RANA MUHAMMAD SHAMIM, C.J.--- The learned counsel for the petitioners of various Departments of Federal Government submits that this Court has already passed a judgment dated 02.06.2011 in SMC No. 04/2010 on the application of the employees of various departments of Federal Government, wherein para-07 of the said order was to be complied with by the concerned authorities in its letter and spirit but the same has not yet been implemented by the Military Accountant General of Pakistan Rawalpindi and the grievances of the present petitioners in Civil Misc. No.92/2014 have not been addressed in its true perspectives. The para-07 of the said order is reproduced as under:-
"In the present case the employees of Special Communication Organization, Controller of Military Accounts, Armed Service Board , Employees of Radio Pakistan including Civil Employees being paid out of Defense budget serving in Northern/Gilgit-Baltistan having been placed in similar situation and discharging function in like circumstances would be treated alike and would not be given different treatment as the rule of reasonable classification being not found in their case on reasonable distinction and basis would not be applicable to give different treatment to the different set of employees. The conclusion is that the employees of the above organization/department including the civil employee being paid from Defense budget, having been placed in similar situation would be equally entitled to the privileges conferred upon the employee of Federal Government serving in Northern areas without any distinction".
2. The learned counsel for the petitioners further contends that the civil employees of Federal Government, who have not approached this Court, may not be discriminated. He further contended that the 50% Hard Area allowance and 25% special pay be paid to defense employees and other civil employees of Federal Government/Gilgit-Baltistan Government serving in Gilgit-Baltistan. Freezing of special pay and allowances may be declared null and void as it is violation of the orders of this Court dated 02.06.2011. He further submits that the Military Accountant General and Controller of Military Accounts Rawalpindi be also directed that the allowance of the civil employees of Directorate General ISI serving in Gilgit-Baltistan should also be paid SMA and NACA allowance @ of its admissibility from the date of their posting to Gilgit-Baltistan out of Defense Budget.
3. The learned Deputy Attorney General for Pakistan pointed out that this Court is not an implementing Court and the petitioners may be directed to approach the learned Chief Court Gilgit-Baltistan for the implementation of the orders of this Court for redressal of their grievances. He also suggested in case their grievance are not redressed they may approach again this Court if so advised. The learned counsel for the petitioners/Employees of various Departments agrees to the suggestion of learned Deputy Attorney General for Pakistan at Gilgit-Baltistan.
4. We are in agreement with the learned Deputy Attorney General for Federal Government and the Suo Motu Notice taken by this Court is hereby withdrawn. The petitioners are directed to approach the learned Chief Court Gilgit-Baltistan for the implementation of order of this Court dated 02.06.2011. The civil employees of Directorate General ISI serving in Gilgit-Baltistan or any other employee of Federal Government serving in Gilgit-Baltistan who are also entitled for such allowances and was not party to this petition he or she may in pursuance of the order of this Court dated 02.06.2011 is also entitled to approach the learned Chief Court GB for their lawful claims and grievances if so advised. Such civil Servants/defense personels be treated equally among equals.
The Civil Miscellaneous No. 92/2014 in SMC No.04/2010 is accordingly disposed of in above terms.
MWA/166/GB Order accordingly.