1987 PLP 1436 (SCMR)

SAAD SAOOD JAN, J.‑‑ By its letter No. F.D.P.C. 2‑1/83, dated 25‑8‑1983, the Provincial Government in the Finance Department sanctioned a scheme of Basic Pay Scales, Allowance and other Fringe Benefit for its employees. Paragraph 20 of the Scheme reads as follows: "Fields Officers on their appointment in Research Institutions for doing research work shall be allowed a special Research Allowance at the rate of 20 per cent of their basic pay." Subsequently, on 9‑10‑1984, this paragraph was amended by substitution of the word 'appointment' with the word 'posting'

2. The respondents in these petitions were recruited for appointment in the research Laboratories or stations maintained by the Agricultural Department of the Provincial Government. Immediately after the scheme was sanctioned the respondents started drawing the Special Research Allowance as mentioned in paragraph

20. On 6‑2‑1985, on a reference made by the District Accounts Officer, Multan, the Finance Department issued a clarification to the effect that the Special Research Allowance was not admissible to the research workers but that it was meant only for field officers who were posted in research institutions specified by the Finance Department. After issuance of this clarification the Special Research Allowance was not only withheld from the respondents but they were also asked to refund the amount of the allowance which they had already received. The respondents preferred appeals before the Punjab Service Tribunal.

3. The main question before the Tribunal was whether the respondents who were recruited to work in research institutions could be described as field officers within the meaning of paragraph 20 of the Scheme. The learned Tribunal answered the question in the affirmative, holding that since for the purpose of research the respondents were required to visit fields to collect data and conduct tests they were also field officers. It also observed that academically the respondents were better equipped than those who according to the Government were eligible to receive the allowance. Accordingly, it accepted the appeals and declared them to be entitled to the Allowance.

4. In support of this petition it is contended that the expression Field officer has a definite connotation: It refers to officers who in the normal course of their duties come in contact with member of the public; it does not encompass those civil servants who are employed in research institutions and Laboratories even though they may have to go out of their laboratories or stations to collect data or conduct tests. The learned Tribunal was therefore not right in declaring the respondents as field officers. It is also contended that the Special Research Allowance was intended to encourage and compensate officers who were recruited primarily to work in the fields to undertake research. The learned Tribunal was therefore not right in enlarging the scope of paragraph 20.

3. The contentions raised on behalf of the Government need examination. Leave to appeal is therefore granted. The appeals may be made ready for hearing on the present record with permission to the parties to file additional documents. The interim order already made by Muhammad Afzal Zullah, J. on 16‑3‑1986 shall remain in force during the pendency of these appeals. M.I./G‑27/S Leave granted