2011 PLP (C (PLC(CS))

This Intra Court Appeal is directed against the impugned order dated 30-10-2008 passed by the learned singled Judge in chamber in Writ Petition No.12963/2008.

2. Brief facts of the case according to the Intra Court Appeal are that Mrs. Tasnim Qamar Rai/appellant is serving as Assistant Professor in Government College for Women Faisalabad whereas her husband Dr. Rashid Ahmad Khan is serving as Professor in the University of Agricultural Faisalabad. Both were drawing house rent allowance. When it came to the notice of the audit an amount of Rs.1,43,328 was ordered to be recovered from the appellant and its further payment was also stopped.

3. Learned counsel for the appellant contends that appellant's husband is serving as a Professor in Agricultural University Faisalabad having its own terms and conditions of service. In no way, he is serving in the affairs of the Province or Federation. Appellant being an employee of the Government of Punjab is entitled to receive the house rent allowance independent of her husband's entitlement who is serving in an autonomous body i.e. Agricultural University Faisalabad. Further contends that similar controversy was resolved by the Federal Service Tribunal on 23-6-1986 in Appeal No.107/84. The appellant is therefore, entitled for the same relief.

4. On the other hand, learned Deputy Attorney-General of Pakistan on behalf of the respondents contends that the appellant cannot claim the house rent under the law when her husband is also drawing the same from his employer.

5. We have heard the arguments of both the learned counsel for the parties and have also gone through the documents available on the file.

6. Appellant's husband Dr. Rashid Ahmad Khan who is serving as a Professor in the Agricultural University Faisalabad has been allotted a house in the residential area of Agricultural University Faisalabad whereas the appellant is serving as Assistant Professor in the Government College for Women Faisalabad. Both were drawing house rent allowance. When noticed by the Audit, an amount of Rs.1,43,328 was ordered to be recovered from the appellant and its further payment was also stopped.

7. Similar controversy stood decided by the Federal Service Tribunal in Appeal No.107 of 1984 decided on 23-6-1986 according to which the appellant was/is authorized to receive the house rent allowance. Government of Pakistan did not challenge the aforesaid judgment of the Federal Service Tribunal and ordered the implementation of this order in letter and spirit vide its memo. dated 20-7-1986.

8. It has been held by the Supreme Court of Pakistan in case of Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185 that "we may observe that if the Tribunal or this Court decides a point of law relating to the terms of service of a civil servant which covers not only the case of the civil servant who litigated, but also of other civil servants, who may have not taken any legal proceedings; in such case, the dictates of justice and rule of good governance demand that the benefit of the above judgment be extended to other civil servants, who may not be parties to the above litigation instead of compelling them to approach the Tribunal or any other legal forum". Again in case Government of Punjab through Secretary Education and others v. Sameena Parveen and others 2009 SCMR 1, it has been laid down that "If a Tribunal or this Court decides a point of law relating to the terms and conditions of a civil servant who litigated, and there were other civil servants who may not have taken any legal proceedings, in such a case, the dictates of justice and rule of good governance demand that the benefit of the said decision be extended to other civil servants also who may not be parties to that litigation instead of compelling them to approach the Tribunal or any other legal forum. This view was reiterated by this Court in the case of "Tara Chand and others v. Karachi Water and Sewerage Board, Karachi and others 2005 SCMR 499 and it was held that according to Article 25 of the Constitution of Islamic Republic of Pakistan 1973, all citizens are equal before law and entitled to equal protection of law."

9. In view of above, the ICA is allowed, the impugned judgment dated 30-10-2008 passed by the learned single Judge in chamber in Writ Petition No.12963/2008 is set aside. It is held that the appellant being an employee of the Government of the Punjab is entitled to receive the house rent allowance independent of her husband's entitlement who is serving in an autonomous body i.e. Agricultural University Faisalabad. M.H./T-7/L. Intra Court appeal allowed.