Pakistan Case LawMrs. AKHTAR USMAN Versus ACCOUNTANTGENERAL, PAKISTAN REVENUE, ISLAMABAD and 2 others
The petitioner, a Headmistress in a Federal Government school, surrendered her official accommodation in March 1981 and began drawing a house rent allowance while living in a house provided to her husband by his employer, the Pakistan Science Foundation. The Accountant General Pakistan Revenue objected and ordered recovery of the allowance. After exhausting departmental remedies and a civil suit, the petitioner approached the Federal Service Tribunal, which dismissed her appeal in limine on the ground of delay. The petitioner then sought leave to appeal before the Supreme Court of Pakistan. The core legal question concerned the entitlement of a federal government employee to house rent allowance when residing in accommodation provided to their spouse by an autonomous body, and whether the service appeal was time-barred. The Supreme Court granted leave to appeal to examine the issue of limitation in light of the applicable Office Memorandum regulating house rent allowances for spouses employed by the government and autonomous bodies respectively.
- Is a Federal Government employee entitled to house rent allowance when residing in accommodation provided to their spouse by an autonomous body?
- Whether an appeal filed before the Federal Service Tribunal can be dismissed in limine on the ground of delay without examining the merits?
- Office Memorandum No. F.3(32)-R-13/79
ORDER
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 and 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.
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/regulations, 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."
In view of aforesaid office memorandum issued by the Government of Pakistan, we grant leave to appeal subject to examination of the question whether petitioner's appeal before the Federal Service Tribunal was time barred.
Judges on this bench
- Saiduzzaman Siddiqui789 judgments
- Mukhtar Ahmed Junejo485 judgments