1995 PLP 964 (SCMR)
Mrs. AKHTAR USMAN‑‑‑Petitioner Versus ACCOUNTANT‑GENERAL, PAKISTAN REVENUE, ISLAMABAD and 2 others‑‑‑Respondents
| Citation | 1995 PLP 964 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui and Mukhtar Ahmed Junejo, JJ |
| Parties | Mrs. AKHTAR USMAN‑‑‑Petitioner Versus ACCOUNTANT‑GENERAL, PAKISTAN REVENUE, ISLAMABAD and 2 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1995 PLP 964 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 964 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui and Mukhtar Ahmed Junejo, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 964 (SCMR) (Mrs. AKHTAR USMAN‑‑‑Petitioner Versus ACCOUNTANT‑GENERAL, PAKISTAN REVENUE, ISLAMABAD and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Munir Peracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 7th December, 1994.
Headnotes / Summary
(On appeal from the judgment dated 7‑5‑1994 of the Federal Service Tribunal, Islamabad in Appeal No. 109 (R)/94). Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Art. 212 (3)‑‑‑Government of Pakistan Office Memorandum No. F.3 (32) R‑13/79, dated 11.‑1‑1981‑‑‑Petitioner, a Government servant surrendering possession of her official accommodation and started living with her husband who was employee of statutory body‑‑‑Petitioner started drawing her house rent allowance‑‑‑Petitioner was subsequently asked to refund such amount‑‑ Petitioner's departmental representation as also his appeal before Service Tribunal were dismissed‑‑‑Validity‑‑‑Petitioner contending that Memorandum dated 11‑1‑1981 issued by Federal Government envisaged that one of the husband/wife employed in Federal Government would be entitled to house rent allowance while the other employed in autonomous body would be governed by the rules of that body in such matter‑‑‑Leave to appeal was granted, subject to examination of question whether petitioner's appeal before Service Tribunal was time‑barred.
Judgment & Decree
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. AA./A‑1256/SC Leave granted.