Mrs. AKHTAR USMAN vs ACCOUNTANT-GENERAL, PAKISTAN REVENUE, ISLAMABAD and 2 others
The petitioner, a Headmistress in a Federal Government school, challenged an order by the Accountant-General, Pakistan Revenue, directing the recovery of house rent allowance she had received. The petitioner had been living in accommodation provided to her husband, an employee of an autonomous body, while simultaneously drawing house rent allowance. After exhausting departmental remedies and failing before the Federal Service Tribunal, which dismissed her appeal in limine due to delay, she sought leave to appeal before the Supreme Court. The core legal question concerns whether the petitioner was entitled to the house rent allowance under the prevailing government policy regarding spouses employed by different entities, and whether the Service Tribunal correctly dismissed her appeal as time-barred. The Supreme Court granted leave to appeal, noting the specific provisions of Office Memorandum No. F.3(32)-R-13/79, which allows a Federal Government employee to claim house rent allowance even if their spouse, employed by an autonomous body, receives housing benefits. The Court held that the matter requires further examination regarding the limitation period applied by the Tribunal.
- Is a Federal Government employee entitled to house rent allowance if their spouse is employed by an autonomous body and provided with accommodation?
- Does the receipt of housing benefits by a spouse employed in an autonomous body disqualify a Federal Government employee from claiming house rent allowance?
- Can a service appeal be dismissed in limine solely on the ground of delay without considering the underlying entitlement?
- Office Memorandum No. F.3(32)-R-13/79, Government of Pakistan, Finance Division (Regulation 13, Section)
ORDER
1. ' MUKHTAR AHMED JUNEJO, J.---Petitioner Mrs. Akhtar Usman was serving as Headmistress in a Federal Government School at Islamabad, while her husband was an employee of Pakistan Science Foundation. In March, 1981 the petitioner surrendered possession of her official accommodation and started living with her husband who was provided a house. The petitioner started drawing house rent allowance with effect from 1-4-1981. The AGPR took exception to the petitioner's drawing house rent allowance, while living in the accommodation provided to her husband by his Organization, and directed the Director General, Federal Directorate of Education to effect recovery from salary of the petitioner, the amount which she had drawn as house rent allowance. On being asked to refund such amount, the petitioner moved a departmental representation and then filed a civil suit ultimately invoked the jurisdiction of Federal Service Tribunal. Under the impugned order dated 7-5-1994, the Service Tribunal dismissed appeal of the petitioner in limine on the only ground that it was filed after a long delay. The petitioner seeks leave to appeal against the impugned order.
2. ' Mr. Muhammad Munir Peracha, learned counsel for the petitioner invited our attention to para-(ii) of Office Memorandum No, F.3(32)-R-13/79, dated 11-1-1981 issued by the Government of Pakistan, Finance Division (Regulation 13, Section), which reads as below:-- "(ii) In cases where one of the husband/wife is employed by the Federal Government and the other by an autonomous body having its own rules/regulation, the one employed in the Federal Government will be entitled to house rent allowance, while the other employed in the autonomous body will be governed by the rules of that body in this regard."
3. In view of aforesaid office memorandum issued by the Government of Pakistan, we grant, leave to appeal subject to examination of the question whether petitioners appeal before the Federal Service Tribunal was time-barred.