FEDERATION OF PAKISTAN Through Secretary, Establishment Division, Government Of Pakistan, Islamabad vs RAFIQUE INAYAT MIRZA, SECRETARY, MINISTRY OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT, ISLAMABAD And 2 Others
The Federation of Pakistan sought leave to appeal against the judgment of the Federal Service Tribunal, which had accepted the appeal of respondent No. 1 and directed the Establishment Division to pay him Rs. 2,000 per month as car maintenance allowance for six months from January 1985 to June 1985. The respondent had been appointed as an Officer on Special Duty in the Establishment Division and claimed the free use of a staff car or corresponding allowance under relevant rules, which was initially denied on the ground that he was not an 'Entitled Officer'. After exhausting departmental remedies, he approached the Tribunal. The Supreme Court examined the record, found no legal error in the impugned judgment of the Tribunal, and accordingly dismissed the petition for leave to appeal, holding that the respondent was entitled to the car maintenance allowance as determined.
- Whether an Officer on Special Duty is entitled to car maintenance allowance under the relevant rules?
- Does the Federal Service Tribunal have jurisdiction to award allowances to civil servants upon denial by the department?
- Whether the Supreme Court will interfere with the factual and legal findings of the Federal Service Tribunal where no legal error is found?
1. WALI MUHAMMAD KHAN, J.---Federation of ,Pakistan seeks leave to appeal against the judgment of Federal Service Tribunal dated 8-3-1993, whereby the appeal filed by Rafique Inayat Mirza, respondent No. 1 herein, was accepted and the Establishment Division was directed to pay the respondent No.1 Rs.2,000 p.m. As car maintenance allowance for six months from January, 1985 to June, 1985.
2. The facts of the case, briefly stated, are that the respondent No.1 was appointed as Officer on Special Duty (OSD) on 18-6-1984 in the Establishment Division and remained as such till 1-7-1985, whereafter he was posted as Secretary, Ministry of Local Government and Rural Development. He claimed -free use of staff car for official as well as private use under the relevant rules but his request was not acceded to as he was not held to be an 'Entitled Officer'. He filed appeal before the President on 12-6-1985 but having received no reply within the prescribed period, an appeal was filed before the Federal Service Tribunal by him.
3. We have heard Sh. Maqbool Ahmed, Advocate, for the petitioner, and have perused the record of the case.
4. The learned Service Tribunal on consideration of the factual and legal aspect of the case has come to the conclusion that the respondent No. 1 is entitled to Rs.2,000 per month as car maintenance allowance for six months from January, 1985 to June, 1985. We do not find any legal error in the impugned judgment and, accordingly, dismiss the instant petition and refuse leave to appeal.