1995 PLP 879 (SCMR)

SAIDUZZAMAN SIDDIQUI, J.‑‑‑The above petition is filed by Pakistan Television Corporation Limited (P.T.V.), Islamabad seeking leave to appeal against the judgment of High Court of Balochistan dated 9‑8‑1994 whereby the Constitutional petition filed by the employees of PTV Corporation at Quetta was accepted and direction was issued to the petitioners to pay them 20% Secretariat/Personal Allowance, as granted vide their Letter No.H.P.103/10683, dated 11‑8‑1988 w.e.f. 1‑7‑1988 to the employees working at Islamabad Centre. The learned counsel for the petitioners contended that 20% Secretariat/Personal Allowance was allowed to the employees serving at PTV Academy, Islamabad, on account of special nature of work done by these employees and, therefore, this allowance could not be extended to all the employees of PTV Corporation. In support of his contention, the learned counsel relied on the decision of this Court in the case of Brig. (R) Abdur Rashid v. Secretary Establishment Division etc. (1991 SCMR 1288) whereby this Court while refusing leave to appeal, observed as follows:‑ "The above contention of Mr. Ansari seems to be devoid of any force. An allowance is payable upon its being made applicable to a particular class of persons. In the instant case, it is an admitted position that the allowance in question has not been made payable to the personnel attached to the Central Board of Film Censors. In this view of the matter, there has not been any violation of the terms of the service. No provision of any law or any statutory rule. has been pointed out by Mr. Ansari whereby it has been provided that if a particular allowance is made payable to a particular class of civil servants, the other civil servants would also be entitled to such allowance. In the absence of any such provision, the petitioner could not have maintained a service appeal before the Tribunal. The petition has, therefore, no merits. Leave is accordingly refused:" The learned counsel also referred to two cases from Indian jurisdiction reported as Federation of All India Customs and Central Excise Stenographers (Recognised) and others v. Union of India and others (AIR 1988 SC 1291) and Umesh Chandra Gupta and others v. Oil and Natural Gas Commission and others (AIR 1989 SC 29), in support of his contention that equal pay for equal work is a fundamental right but equal pay must depend upon, the nature of the work done, which cannot be judged by the mere volume of work, there may be qualitative difference for the purpose of work by the same category of employees for determination of pay. The contention raised by the learned counsel raises important question which requires determination and we, accordingly, grant leave to appeal in the case. The petitioners have prayed for suspension of the order of learned Division Bench of High Court of Balochistan directing payment of 20% Secretariat/Personal Allowance to the employees of PTV Corporation, Quetta, w.e.f. 1‑7‑1988. While we are inclined to stay the operation of impugned judgment in so far it directed payment of the above allowance from 1‑7‑1988, we are not inclined to grant stay in respect of payment of said allowance to the respondents from the date of judgment of the High Court. Order accordingly. AA./P‑258/S Leave granted.