DIRECTORGENERAL, DIRECTORATE GENERAL OF REGISTRATION and others vs NASEEM AHMAD JAFRI and others
These petitions for leave to appeal were filed against judgments of the Lahore High Court and the Peshawar High Court, wherein the respondents were granted 20% Secretariat Allowance based on earlier precedent. The core legal question before the Supreme Court was whether the High Courts' judgments complied with the law laid down in the Supreme Court Full Bench judgment of Muhammad Shabbir Ahmad Nasir v. Secretary, Finance Division (1997 SCMR 1026), which held that Secretariat Allowance was only admissible up to 31 May 1994, as it was subsequently merged into basic salaries under a new policy. For petitions where counsel for the respondents/caveators consented, the Supreme Court converted the petitions into appeals and disposed of them with the clarification that the High Courts' judgments would remain operative only up to 31 May 1994. In the remaining petitions, leave to appeal was granted subject to limitation to examine the consistency of the impugned judgments with the precedent laid down in Muhammad Shabbir Ahmad Nasir.
- Whether Secretariat Allowance could be granted to employees beyond 31 May 1994 after its merger into salaries under the new scheme?
- Whether High Court judgments granting Secretariat Allowance must conform to the Supreme Court precedent in Muhammad Shabbir Ahmad Nasir v. Secretary, Finance Division?
ORDER
' AJMAL MIAN, C.J.---By this common order we intend to dispose of all above petitions for leave to appeal, subject to limitation.
2. Above petitions are directed against two judgments namely (i) dated 7-4-1997 passed by learned Single Judge of Lahore High Court, Multan Bench, Multan, in Writ Petitions Nos. 7422 and 7524 of 1995 and (ii) dated 2-10-1997 passed by Peshawar High Court, Peshawar, in Writ Petition No, 362 of 1992 etc. Whereby respondents who were working in various Departments/Organizations have been allowed 20% Secretariat Allowance, inter alia, on the basis of judgment of this Court in the case reported in PLD 1993 SC 375.
3. The question which needs consideration in above petitions is as to whether the impugned judgments are in accordance with law enunciated by this Court in the case of Muhammad Shabbir Ahmad Nasir v. Secretary, Finance Division (1997 SCM R 1026) decided by Full Bench of this Court whereby it was held that Secretariat Allowance could be granted upto 31 May, 1994 as the allowance stood merged in the salary under the new scheme/policy.
4. Qazi Muhammad Anwar, Senior Advocate Supreme Court filed caveat in C.Ps. Nos. 399 and 402 of 1998, Mr. Muhammad Latif, Advocate Supreme Court, put in appearance for the respondents in C.F. 404 of 1998, Mr. Abdul Karim Khan Kundi, Advocate Supreme Court has also filed caveat in C.P.
412/98 and Mr K.G. Sabir, Advocate Supreme Court, is putting in appearance on behalf of respondents/caveators in C.Ps, 413, 415 and 416 of 1998. The above learned counsel for caveators state that they have no objection if above petitions are disposed of with the clarification that impugned judgment would be operative upto the period expiring on 31-5-1994. We would, therefore, convert above petitions into appeals and dispose of the same in above terms.
5. Whereas in the remaining petitions we grant leave to appeal, subject to limitations, on the question as to whether impugned judgments are in accordance with the law laid down by this Court in the case of Muhammad Shabbir Ahmad Nasir v. Secretary, Finance Division (supra). Leave to appeal is accordingly granted.
Leave to .