EMPLOYEES OF ZARAI TARAQIATI BANK LIMITED Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Finance
ORDER
1. MUHAMMAD ALAM, J.--- This writ petition has been directed for the following remedies:---
(a) "Declare the impugned Circular No.PD/33/2001 dated 05-12-2001 and PD/18/2006 dated 28-07-2006 issued by the Personal Division, Personal Policy Department of Zarai Taraqiati Bank Limited, Head Office Islamabad to extend of allowance captioned "Un-Attractive Area Allowance" to be ultra vires, mala fide, discriminative and without legal effect from the date of its issuances.
(b) Order the Respondents Nos.1, 2, 3 and 4 to allow the grant of Special/Personal Pay of 25% on the running basic pay without freezing the same at any stage to the Petitioners from 05-12-2001 as per directives of the Prime Minister of Pakistan, and the directives contained in Finance Division (Regulation Wing) Letter, Government of Pakistan bearing No.PD(P)3(83)/92/I/3566 dated 01-02-1993, Finance Division (Regulation Wing), Government of Pakistan, letter/ notification bearing No.F.21/(4)R.9/95-134; It is further prayed that this 25% Personal/Special Pay is the part of basic pay reckonable for calculation of Pension also for which orders may graciously be passed to meet the justice and to save the petitioners from heavy financial loss.
(c) Order the Respondents Nos.1, 2, 3 and 4 to restore the Unattractive Area Allowance of 40% on running basic pay from 05-12-2001 as per Award of Fourth Wage Commission for Banks and Financial Institutions, 1984 endorsed by the Respondent No.2 vide PD Circular No.24/84 dated 30-07-1984 and Finance Division, Government of Pakistan letter bearing No.F.4(6)/Bkg.V/94 dated 17.01.1994, as endorsed/implemented by the Respondent No.2 vide Circular bearing No.PD/2/94 dated 20.01.1994. It is further prayed that the mentioned allowance ceased by the bank illegally may be paid to the employees in lump sum for the period in which the Allowance was stopped/withdrawn without fixing installments and in piece meal.
2. Any other relief, which this Honourable Court may graciously deem fit and appropriate in the circumstances of the case, may also kindly be granted."
3. Petitioners are employees of Zarai Taraqiati Bank Limited (ZTBL) and have sought the above remedy on the grounds that such remedies are given to all employees of the bank similar to those where petitioners are serving. We have heard learned counsel for parties and the learned counsel for respondents has no objection if the allowance of 25% Special/Personal Pay is granted in the light of prayer of the petitioners. As to rest of the allowances, respondents are contesting this petition.
4. Learned Counsel for petitioners failed to show any law, precedent law or notifications or circulars etc. showing entitlement of the petitioners to the allowances except the allowance of 25%, as remarked in para No.2 above. We, therefore, have no option except to dismiss this petition to the extent of prayer of the petitioners for grant of the allowances except the allowance of 25%. Petition partly accepted in the above terms. This file be consigned to record.
5. SL/56/GB Order accordingly.