Brig. (Retd.) ABDUR RASHID vs SECRETARY, ESTABLISHMENT DIVISION And Other

ORDER

AJMAL MIAN, J.--Leave to appeal is sought against the judgment dated 14-1-1990 passed by the Federal Service Tribunal, hereinafter referred to as the Tribunal, in Appeal No.250(R)/88 riled by the petitioner, dismissing the same.

2. The facts to be noted are that at the relevant time the petitioner was working as the Chairman, Central Board of Film Censors, Government of Pakistan. It seems that the Finance Division vide its O.

M. No.1(32)-IMP-11/88 dated 1-7-1988 granted Secretariat Allowance @ 20% of basic pay to all the Federal Government employees working in the Federal Secretariat. The above benefit was also extended by the same memo to the employees of the Central Board of Revenue, (CBR). The petitioner's grievance was that like C.B.R. Which is an attached department of the Ministry of Finance the Central Board of Film Censors is also an, attached department of the Ministry of Culture, both being attached departments should be treated alike in regard with the payment of the above allowance. However, petitioner's appeal/representation was rejected. Thereupon, he filed the aforesaid appeal which was dismissed by the Tribunal by the impugned judgment. The petitioner has, therefore, filed the present petition for leave to appeal.

3. In support of the above petition, Mr. Bashir Ahmad Ansari, learned A.S.C. Appearing for the petitioner, has vehemently contended that since no distinction has been made between the civil servants either under Articles 240 and 242 of the Constitution or in the Civil Servants Act, 1973, or the rules framed there-under or under the Public Service Commission Ordinance, 1977, and the rules framed there-under, the petitioner could not have been denied the payment of the above allowance.

The above contention of Mr. Ansari seems to be deviod of any force. An allowance is payable upon its being made applicable to a particular class of persons. In the instant case, it is an admitted position that the allowance in question has not been made payable to the personnel attached to the Central Board of Film Censors. In this view of the matter, there has not been any violation of the terms of the service. No provision of any law or any statutory rule has been pointed out by Mr. Ansari whereby it has been provided that if a particular allowance is made payable to a particular class of civil servants, the other civil servants would also be entitled to such allowance. In the absence of any such provision, the petitioner could not have maintained a service appeal before he Tribunal. The petition has, therefore no merits. Leave is accordingly refused.